DANGERS AND ISSUES OF CYBER CRIME:
- Ever since the use of computers became more and more popular, the ambit of modern technology has been expanding in its ever widening horizon,also the term ‘Cyber’ has become more familiar to the people.
- The evolution of Information Technology (IT) which is also another aspect gave rise to the cyber space where the use of internet provides equal opportunities for all people to retain any required information, storage of data, analyzing etc. with the use of highly advanced technology.
- Due to increase in the population, technology is being misused and cyberspace started clutching up which gave birth to cyber crimes at the domestic as well as international level.
- Cyber Crimemay be “unlawful acts wherein the computer is either a tool or target or both”.
What does cyber crime include?
- Cyber Crime includes hackers who trash the sites you use, getting access to trade secrets, confidential information or intellectual property with the use of internet.
- ‘Denial of services’ is also an indication of viruses attacking and preventing regular traffic from reaching your site.
- Cyber crimes also includes scandalous or illegal activities done with the use of computers which further bolster crimes like sale of illegal articles, financial crimes, pornography, sale of illegal articles, online gambling, e-mail, spoofing, intellectual property crime, e-mail, spoofing, forgery, cyber defamation, unauthorized access to Computer system, cyber stalking, theft of information contained in the electronic form, e-mail bombing, physically damaging the computer system
Classifications Of Cyber Crimes:
- Cyber Crimes against Person
- Cyber Crimes Persons Property
- Cyber Crimes against Government.
- Cyber Crimes against Society at Large
CYBER CRIMES AGAINST PERSON:
- Harassment via E-Mails
- Dissemination of Obscene Material:
- Cyber Stalking
- Cracking.
- E-Mail Spoofing
- SMS Spoofing.
- Carding
- Cheating and Fraud.
- Child Pornography.
- Assault by Threat.
Social media used as a weapon for Cyber crime:
Social media are computer negotiated tools that allow people to create, share or transfer information, views and pictures/videos in virtual communities. Social media is also online communication channels collaborated to community based information, interaction and data sharing. Facebook, LinkedIn, and twitter are the best examples of social media.It helps us to connect with our friends and family, share our experiences, promote personal interests, find jobs and business offerings. Just as every cloud has a silver lining, every rose has its thorns. This means that everything positive has a few downsides with which we must deal. This is especially true in the case of the Internet. People gain and share a lot of useful information from the comfort of their homes at the same time it has also been reported by Symantec, a security solution provider that India ranks second in worldwide nations that were most prone to cyber crimes in 2014, after US, through social media.
Economic Cyber Crimes
Economic Cyber crime is yet another type of illegal act that is committed by duplicity or falsification by an individual or a group, having special technical and professional skills to give or endeavor to gain unfair advantage over another individual or group.
TYPES OF CYBER ECONOMIC CRIMES
- Banking Fraud
- Credit Card Duplicity
- Health Care Fraud
- Insurance Deceits
- Securities Scams
- Tele-Communications Duping
- Identity Theft
Relevant Cases of Cyber Terrorism
Complainants Chander and Romi Kalani are senior citizens and NRIs holding a joint NRI account and fixed deposits with the SBI. It came to fore that their fixed deposits were fraudulently transferred to another account without their authorization and knowledge. The bank claimed: It received an e-mail from Kalanis asking a transfer of USD 4,000 to another account in London owing to medical emergency. The Maharashtra government’s special court under IT Act, 2000, directed SBI to pay 40 lakhs to the complainants for partly covering a 63 lakhs loss in an online banking fraud. The adjudicating officer asked the complainants to bear the remaining loss as the transactions were done through e-mails and they failed to inform the bank about defunct mobile number. “Hence both have to share the blame,” the court said.
Attack on Parliament
Bureau of Police Research & Development at Hyderabad had handled some of the top cyber cases. The two laptops which were recovered from the two terrorists, who were gunned down, was under seize on December, 2001. The laptop contained several evidences that confirmed of the two terrorists’ motives. Namely, sticker of the Ministry of Home that they had made on the laptop and pasted on their car to gain entry into Parliament.
Websites of Prime Minister’s advisor and the Defense Research and Development Organization (DRDO) hacked:
In 2012, websites of Prime Minister’s advisor and the Defense Research and Development Organization (DRDO), came under cyber attacks. Websites maintained by National Informatics Centre (NIC) were shut down for hours. Cyber attackers group, said to be ‘SanFour25’, targeted five other Indian websites, including Recruitment and Assessment Centre (RAC).
SOLUTION- FORMULATION OF LAWS AND IDEAS
The Information Technology Act, also known as ITA – 2000 is the basic law in India that deals with electronic commerce and cyber crimes. Following are few relevant sections:
- Sec 66B of ITA – 2000: Dishonestly receiving stolen computer resource or communication device with punishment upto three years or one lakh rupees as fine or both.
- Sec 66C of ITA- 2000: Electronic signature or other identity theft like using others’ password or electronic signature etc. Punishment is three years imprisonment or fine of one lakh rupees or both.
- Sec 66D of ITA – 2000: Cheating by person using computer resource or a communication device shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupee.
- Sec 66E of ITA – 2000: Privacy violation – Publishing or transmitting private area of any person without his or her consent etc. Punishment is three years imprisonment or two lakh rupees fine or both.
- Sec 66F of ITA – 2000: Cyber terrorism – Intent to threaten the unity, integrity, security or sovereignty of the nation and denying access to any person authorized to access the computer resource or attempting to penetrate or access a computer resource without authorization. Acts of causing a computer contaminant (like virus or Trojan horse or other spyware or malware) likely to cause death or injuries to persons or damage to or destruction of property etc. come under this Section. Punishment is life imprisonment.
- It may be observed that all acts under S.66 are cognizable and non-bailable offences. Intention or the knowledge to cause wrongful loss to others i.e. the existence of criminal intention and the evil mind i.e. concept of mens rea, destruction, deletion, alteration or diminishing in value or utility of data are all the major ingredients to bring any act under this Section.
- Section 67-A of ITA – 2000: Deals with publishing or transmitting of material containing sexually explicit act in electronic form. Contents of Section 67 when combined with the material containing sexually explicit material attract penalty under this Section.
- Child Pornography has been exclusively dealt with under Section 67B. Depicting children engaged in sexually explicit act, creating text or digital images or advertising or promoting such material depicting children in obscene or indecent manner etc or facilitating abusing children online or inducing children to online relationship with one or more children etc come under this Section.
- ‘Children’ mean persons who have not completed 18 years of age, for the purpose of this Section. Punishment for the first conviction is imprisonment for a maximum of five years and fine of ten lakh rupees and in the event of subsequent conviction with imprisonment of seven years and fine of ten lakh rupees.
On this contention, keeping in view the growing menace of such crimes Indian Institute of Legal Studies has taken up various efforts to make aware the people at large and taking a step towards making a change that would benefit the larger section of the society by holing various Legal Awareness programmers relating to contemporary legal issues not only within its restricted domain but also in the hill regions within the district of Darjeeling. Further with a view for the need of change in the society, IILS provides a platform for scholars with reformative view by organizing symposiums, SAARC conclaves, presentations and special lectures. Of late IILS will be organizing SAARC Law Conclave that would not only restrict its boundaries within the SAARC regions but would also extend a hand towards togetherness among the South East Asian Countries. The programme will be held on the month of February, 2017 at the Indian Institute of Legal Studies.
