A review on Cyber Crime and Cyber Law’s

 

Manisha Dewangan

Department of Computer Science, UTD, Sant Gahira Guru University, Ambikapur Surguja, Chhattisgarh.

*Corresponding Author E-mail: ranidevm@gmail.com

 

ABSTRACT:

As we all know that this is the time where most of the things are done usually over the internet starting from online dealing to the online transaction. Since the web is considered as worldwide stage, anyone can access the resources of the internet from anywhere. Information technology deals with information system, data storage, access, retrieval, analysis and intelligent decision making. The misuse of the technology has created the need of the enactment and implementation of the cyber laws. Today, computers play a major role in almost every crime that is committed. The internet technology has been using by the few people for criminal activities like unauthorized access to other’s network, scams etc. These criminal activities or the offense/crime related to the internet is termed as cyber crime. In order to stop or to punish the cyber criminals the term “Cyber Law” was introduced. The contribution of this research paper is a brief study on cyber crime and focuses on new legislation which can cover all the aspects of the Cyber Crimes.

 

KEYWORDS: Information Technology, Computer, Cyber Crime, Cyber law, Cyberspace.

 


1. INTRODUCTION:

The invention of Computer has made the life of humans easier, it has been using for various purposes starting from the individual to large organizations across the globe. Information technology is affecting us as individual and as a society. Information technology stands firmly on hardware and software of a computer and telecommunication infrastructure. Most computer users are utilizing the computer for the erroneous purposes either for their personal benefits or for other’s benefit since decades [1]. This gave birth to “Cyber Crime”. This had led to the engagement in activities which are illegal to the society. We can define Cyber Crime as the crimes committed using computers or computer network and are usually take place over the cyber space especially the Internet [2]. 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 inkling 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 technology the misuse of the technology has also expanded to its optimum level.

 

Now comes the term “Cyber Law”. It doesn’t have a fixed definition, but in a simple term we can defined it as the law that governs the cyberspace. Cyber laws are the laws that govern cyber area. Cyber Crimes, digital and electronic signatures, data protections and privacies etc are comprehended by the Cyber Law. The UN’s General Assembly recommended the first IT Act of India which was based on the “United Nations Model Law on Electronic Commerce” (UNCITRAL) Model.

 

2. OBJECTIVE OF STUDY:

1.     The principle target of this paper is to spread the knowledge of the crimes or offences that take place through the internet or the cyberspace, along with the laws that are compulsory against those crimes and criminals. 

2.     Additionally trying to focus on the safety in cyberspace.

3. Understanding the Cybercrime:

According to Dhawesh Pahuja (2011) Cyber crimes actually means – It could be hackers vandalizing your site, viewing confidential information, stealing trade secrets or intellectual property with the use of internet. It can also include „denial of services‟ and viruses attacks preventing regular traffic from reaching your site. The crimes such as frauds, forgery are traditional and are handled by the separate statutes such as Indian Penal Code or State Level Legislatures (SLL). However the abuse of computer and the related electronic media has given birth to a set of new types of crimes which has some peculiar features. A simple yet sturdy definition of these crimes would be “unlawful acts wherein the equipment transforming the information be it a computer or a mobile is either a tool or a target or both” (Joshi, 2016).

 

3.1 Categories of Cybercrimes:

Whenever any crime is committed over the internet it is called Cyber crime. As per the recent reports that were available at emc.com in 2014, 11% per year increase ratio is found and nearly 500,000 cyber attacks recorded in RSA Anti Fraud Command Center. [11]

 

Given below is the compiled list, updated from various studies (Aggarwal, 2015; Pahuja, 2011).

 

Crimes against Individuals:

These types of crime are done to harm particular individuals. These crimes care like – harassment via emails, cyber-stalking, cyber bullying, dissemination of obscene material, defamation, hacking, cracking, email spoofing, SMS spoofing, carding, cheating and fraud, child pornography, assault by threat, denial of service attack, forgery, and phishing.

 

Cybercrimes done to harm the property of an Individual or Organizations:

They can be classified as – Intellectual property crimes, cyber squatting, cyber vandalism, hacking computer system, computer forgery, transmitting viruses and malicious software to damage information, Trojan horses, cyber trespass, Internet time thefts, robbery or stealing money while money transfers etc.

 

Cybercrimes against government:

 Cyber terrorism, cyber warfare, distribution of pirated software, possession of unauthorized information etc. Cybercrimes that are highly threatening issues at societal level are child pornography, cyber trafficking, online gambling and financial crimes.

 

3.2 Cyber Law:

 Cyber Law took birth in order to take control over the crimes committed through the internet or the cyberspace or through the uses of computer resources. Description of the lawful issues that are related to the uses of communication or computer technology can be termed as Cyber Law.

 

3.2.1 What is the importance of Cyber Law?:

 Cyber law plays a very important role in this new epoch of technology. It is important as it is concerned to almost all aspects of activities and transactions that take place either on the internet or other communication devices. Whether we are aware of it or not, but each action and each reaction in Cyberspace has some legal and Cyber legal views [13]

 

3.2.2 Cyber Law awareness program:

Once should have the following knowledge in order to stay aware about the cyber crime:  One should read the cyber law thoroughly.

·  Basic knowledge of Internet and Internet’s security.

·  Read cyber crime’s cases. By reading those cases one can be aware from such crimes.

 

Trusted application from trusted site can be used for protection of one’s sensitive information or data.  Technology’s impact on crime.

The Information Technology Act of India, 2000 According to Wikipedia “The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an act of the Indian Parliament (no 21 of 2000), it was notified on 17th October 2000. It is the most important law in India that deals with the digital crimes or cyber crimes and electronic commerce. It is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997” [14]. Some key points of the Information Technology (IT) Act 2000 are as follows:

·       E-mail is now considered as a valid and legal form of communication.

·       Digital signatures are given legal validity within the Act.

Act has given birth to new business to companies to issue digital certificates by becoming the Certifying Authorities.

·       This Act allows the government to issue notices on internet through e-governance.

·       The communication between the companies or between the company and the government can be done through internet.

·       Addressing the issue of security is the most important feature of this Act.

·       It introduced the construct of digital signatures that verifies the identity of an individual on internet. 

·       In case of any harm or loss done to the company by criminals, the Act provides a remedy in the form of money to the company [15].

 

3.2.3 Cyber Law in India:

Following are the sections under IT Act, 2000

S.NO

SECTIONS

DESCRIPTION

PUNISHMENT

1.

Section 65

Temping with the computers source documents

Any person who involves in such crimes could be sentenced up to 3 years imprisonment or with a fine of Rs.2 lakhs or with both.

2.

Section 66

Hacking with computer system, data alteration etc

Any person who involves in such crimes could be sentenced up to 3 years imprisonment, or with a fine that may extend up to 2 lakhs rupees, or both [16].

3.

Section 66A

Sending offensive messages through any communication services

Any individual found to commit such crimes under this section could be sentenced up to 3years of imprisonment along with a fine.

4.

Section 66B

Receiving stolen computer’s resources or communication devices dishonestly

Any person who involves in such crimes could be sentenced either description for a term that may extend up to 3 years of imprisonment or with a fine of rupee 1 lakh or both.

5.

Section 66C

Identify theft

Any person who involve in such crimes could be sentenced either with a description for a term which may extend up to 3 years of imprisonment along with a fine that may extend upto rupee 1 lakh.

6.

Section 66D

Cheating by personation by the use of computer’s. resources

Up to 3 years of imprisonment along with a fine that may extend up to rupee 1 lakh.

7

Section 66E

Privacy or violation

3 years of imprisonment or with a fine not exceeding more than 2 lakhs rupees or both.

8.

Section 66F

Cyber terrorism

Whoever conspires or commits such cyber crime or cyber terrorism shall be sentenced to life time imprisonment.

9.

Section 67

Transmitting or publishing obscene materials in electronic form

Whoever commits such crimes shall be sentenced for a period that may extend up to 3 years of imprisonment and also liable to fine.

10.

Section 69

Power to issue direction for monitor, decryption or interception of any information through computer’s resources

 

 

3.2.4 Safety in cyberspace:

List are some points, one should keep in mind while surfing the internet:

If possible always use a strong password and enable   Two-step authentication in the webmail. It is very important in order to make your webmail or your social media account secured.

Guideline of strong password:

·       Password should be of minimum eight characters.

·       One or more than one of lower case letter, upper caseØ letter, number, and symbol should be included.

·       Replace the alike character.

Example- instead of O we can use 0, instead of lower case l we can use I etc.

Thing need to avoid while setting the password:

·       Never use a simple password that can easily be decryptØ Example- password

·       Personal information should never set as a password.

·       Repeating characters should be avoided. Example- aaaacc

·       Using of same password in multiple sites should be avoided.

 

What is 2 step or Two-step authentication?

This is an additional layer of security that requires your user name and the password also a verification code that is sent via SMS to the registered phone number. A hacker may crack your password but without the temporary and unique verification code should not be able to access your account.

·       Never share your password to anyone.

·       Never send or share any personal information like bank account number, ATM pin, password etc over an unencrypted connection including unencrypted mail. Websites that doesn’t have the lock icon and https on the address bar of the browser are the unencrypted site. The “s” stands for secure and it indicates that the website is secure.

·       Don’t sign to any social networking site until and unless· one is not old enough.

·       Don’t forget to update the operating system.

·       Firewalls, anti- virus and anti-spyware software should· be installed in ones PC and should be regularly updated

·       Visiting to un-trusted website or following a link send by· an unknown or by an un-trusted site should be avoided.  Don’t respond to spam.

·       Make sure while storing sensitive data in the cloud is encrypted.

·       Try to avoid pop-ups: Pop-ups sometimes comes with malicious software. When we accept or follow the popups a download is performed in the background and that downloaded file contains the malware or malicious software. This is called drive-by download. Ignore the pop-ups that offer site survey on ecommerce sites or similar things as they may contain the malicious code.

 

4. CONCLUSION:

As the Cyber Crime is growing in wide scale and becoming a global issue.  Various governmental acts are enforced and implement. Organizations are instructed to bear and follow the safety measures. To fight with Cyber Crime, Cross Domain Solutions are becoming popular to resolve issues. Cross Domain Solutions suggest both the parties to follow protocols and standards. The parties using such solutions are communicating across the system's hardware and software for authentication and data transfer. Cross domain solutions provide seamless sharing and access of information. Other Safety measures like checking the person in ethical behavior on moral basis before employment or assigning such confidential work must be done.

 

The Educational Institutes can play vital role to make a strong ethical base by including such subjects as compulsory ones. Government may do frequent checking on Cyber Community for illegal services and face them to strictly follow the standards. The professionals also be motivated to be honest with their job roles and their services shall be recognized time to time, so that to encourage them to abide by morals and not to move away from ethical culture.

 

The rise and production of newly developed technologies begin star to operate many cybercrimes in recent years. Cybercrime has become great threats to mankind. Protection against cybercrime is a vital part for social, cultural and security aspect of a country. The Government of India has enacted IT Act, 2000 to deal with Cybercrimes. The Act further revise the IPC, 1860, the IEA (Indian Evidence Act), 1872, the Banker's Books Evidence Act 1891 and the Reserve Bank of India Act, 1934. Any part of the world cyber crime could be originated passing national boundaries over the internet creating both technical and legal complexities of investigating and prosecuting these crimes. The international harmonizing efforts, coordination and co-operation among various nations are required to take action towards the cyber crimes.

 

My main purpose of writing this paper is to spread the content of cyber crime among the common people. At the end of this paper “A review on Cyber Crime and Cyber Law’s”.  I want to say cyber crimes can never be acknowledged. If anyone falls in the prey of cyber attack, please come forward and register a case in your nearest police station. If the criminals won’t get punishment for their deed, they will never stop.

 

5. REFERENCES:

1.      Cyber Crimes and Real World Society by Lalitha Sridhar.

2.      Cyber Law and Information Technology by Talwanth Singh Addl. Distt. And Sessions Judge, Delhi.

3.      www.gahtan.com/cyberlaw - cyber law encyclopedia.

4.      www.legalserviceindia.com/cyber-crimes.

5.      www.indlii.org/Cyberlaw.aspx

6.      www.cybercases.blogspot.com

7.      Information Technology Act, 2000

8.      www.tigweb.org/actiontools/projects/download/4926.doc

9.      https://www.tutorialspoint.com/information_security_cyber_law/introduction.htm.

10.   https://www.slideshare.net/bharadwajchetan/anintroduction-to-cyber-law-it-act-2000-india

11.   http://cybersecurityventures.com/cybersecurityassociations

 

 

Received on 21.05.2020            Accepted on 20.06.2020     

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Int. J. Tech. 2020; 10(1):43-46.

DOI: 10.5958/2231-3915.2020.00008.5