Cyber Crime- The internet is the new frontier for criminal offence

CYBER SECURITY

CYBER SECURITY

Crime is not any recent concept, in fact it as ancient as the Neanderthals were. Crime is result of both social and economical phenomenon. Crime could be in any form  but what matters is, that its effects are adverse.  

In developing countries, cyber crime is rapidly increasing day by day and credit goes to a huge penetration of technology in our life. Today even if start with basics, probably all the vendors are computerizing their billing systems, cabs are also been booked by an app, online ordering of edibles and textiles. This invasion of technology in our life is so massive that we cannot even think to spend our day without using laptops or cell phones.

The term ‘CYBER CRIME’ is not defined in Information Technology Act 2000 nor in IT Amendment Act 2008 nor in any other legislation in India. In fact in my opinion it cannot be sum up in a single definition cause it is made up of both Crime and computer. There are various acts in which offences  are  defined in India like in Indian penal Code 1860, and various other legislation too. Interesting part is that anything can be brought under cyber crime like stealing, theft, harassment , they all comes under the broader purview of a cyber crime.  

Rationally speaking ‘Any offence committed by using a computer is a cyber crime’. In a cyber crime, computer or the data are itself are targets, but the other time they are the soul object of the offence and sometimes they are being used a s tools in committing some other offence, as they provide necessary inputs needed in the commission of that offence or crime.

The First Legislation in India on Technology, computers, e-commerce and e-communication [ITA 2000]

The Information Technology Act, 2000, was thus passed as the Act No.21 of 2000, got President assent on 9 June and was made effective from 17 October 2000.

The Act deals with following major issues:-

·         Legal Recognition of Electronic Documents

·         Legal Recognition of Digital Signatures

·         Offences and Contraventions

·         Justice Dispensation System for cyber crime

Act is been amended in 2008 [ITAA 2008]

Being the First legislation on such offences,  the Act became the subject matter of debates, reviews, criticisms of various experts. As, for few the Act was draconian and for some it was very diluted and lenient. There are few conspicuous omissions too which results in slow investigations. Though Act was being referred while investigation but more reliance was on IPC rather than ITA. Need of an amendment was occurred from 2003-04 itself, as the nation wants more detailed and reliable act.

The amendment act 2008 was placed in the parliament and passed without much debate. Then further it has got President’s assent on 5^th Feb 2009 and was made effective from 27 October 2009.

 Essential Features of the ITAA are as follows:-

·         Focusing on data privacy

·         Focusing on Information Security

·         Defined Cyber Café

·         Making digital signature technology neutral

·         Defining reasonable security practices to be followed by corporate

·         Redefining the role intermediaries

·         Inclusion of some additional cyber crimes like child pornography and cyber terrorism

·         Authorizing an Inspector to investigate cyber offences.

How new cyber laws can protect you from cyber crime?

In today's era we can't even imagine to live without using technology. But despite technology's inexorable march frontward,  security almost always appears to be a generation behind.

The internet is the new frontier for criminal offence, and an increasingly profitable frontier at that, today we will get to know how our law is protecting us from such threat.

Although after an amendment ITAA has widened its list of offences.

 CIVIL WRONGS

Penalty and Compensation for damage to computer, computer system, etc – Sec.43

If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network accesses or secures access to such computer, computer system or computer network or computer resource. Downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium.

Introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network. Damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network. Disrupts or causes disruption of any computer, computer system or computer network. Denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means.

Provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made there under. Charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network. Destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means. Steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage.

CIVIL LIABILITY- He shall be liable to pay damages by way of compensation not exceeding 1crore rupees to the person so affected.

Compensation for failure to protect data- Sec.43 A

Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person.

CIVIL LIABILITY- Such body corporate shall be liable to pay damages by way of compensation, not exceeding 5crore rupees, to the person so affected.

 

OFFENCES

Tampering with Computer Source Documents – Sec.65

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, when the computer source code is required to be kept or maintained by law for the time being in force.

PUNISHMENT- He shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Computer Related Offences – Sec.66

If any person, dishonestly, or fraudulently, does any act referred to in section 43.

PUNISHMENT- He shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both.

Sending offensive messages through communication service, etc. Sec.66A

Any person who sends, by means of a computer resource or a communication device, any information that is grossly offensive or has menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device.

Any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages.

PUNISHMENT- He shall be punishable with imprisonment for a term which may extend to two three years and with fine.

Dishonestly receiving stolen computer resource or communication device- Sec- 66B

Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device.

PUNISHMENT- He shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.

Identity theft- Sec.66C

Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person.

PUNISHMENT- He 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 rupees one lakh.

Cheating by personation by using computer resource- Sec.66D

Whoever, by means of any communication device or computer resource cheats by personation.

PUNISHMENT- He 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 rupees. 

 Violation of privacy.- Sec.66E

Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person.

PUNISHMENT-He shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

Cyber terrorism- Sec.66F

Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by denying or cause the denial of access to any person authorized to access computer resource

Attempting to penetrate or access a computer resource without authorisation or exceeding authorized access. Introducing or causing to introduce any Computer Contaminant. and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70,

Knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.

Punishment- Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life’.

Publishing or transmitting obscene material in electronic form- Sec.67

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 ifits effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

Punishment- He shall be punished on first conviction with imprisonment of either description for a term which may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

 Publishing or transmitting of material containing sexually explicit act,etc.- Sec. 67A

Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct.

Punishment- He shall 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 ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Publication for fraudulent purpose- Sec-74

Whoever knowingly creates, publishes or otherwise makes available a Electronic Signature Certificate for any fraudulent or unlawful purpose.

Punishment- He 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

Conclusion- In the end, though a crime free society is Utopian and exists only in dream land. Our Laws constant Endeavor is to keep the crime lowest. Especially in a society where a people can’t even imagine to  live without using a technology. Crime based on electronic offences are bound to increase  and the law makers have to go far to maintain the peace in society. Technology is always a double edged sword, it can be used for both good as well as bad. Hence it is the duty of users as well as lawmakers that it should be used for ethical purposes and not for committing crimes.

Curiosity
How  to stop the cyber criminals, hackers of the dark web from exploitation of poor security setting IOT devices from generating enormous amount of information? 

If your curiosity is also not letting you sleep and you  want me to answer any of your question ? Kindly comment

And do share this link with your colleagues, if they are also curious 
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