CYBER CRIME – THE INTERNET IS THE NEW FRONTIER FOR CRIMINAL OFFENCE

CYBER SECURITY

INTRODUCTION

Crime is not a recent phenomenon; in fact, it is as ancient as humanity itself. Crime arises from a combination of social and economic factors. Crime can take many forms, but what remains consistent is that its effects are harmful and adverse.

In developing countries, cybercrime is increasing rapidly, driven largely by the massive penetration of technology in daily life. Today, even basic services such as billing systems, cab bookings, and online ordering of food and textiles have gone digital. Technology’s pervasive role in our lives is so profound that it is difficult to imagine a day without using laptops or mobile phones.

Defining Cybercrime

The term “cybercrime” is not explicitly defined in the Information Technology Act, 2000, nor in the Information Technology Amendment Act, 2008, or any other Indian legislation. In my opinion, it cannot be fully captured by a single definition because it encompasses both “crime” and “computers.”

Various laws in India, including the Indian Penal Code, 1860, address specific offences, many of which can fall under the broader ambit of cybercrime. Essentially, any offence committed by means of a computer or digital device qualifies as cybercrime. In some cases, computers or data themselves are the targets of crimes; at other times, they serve as tools used to facilitate offences by providing necessary inputs.

The First Legislation on Technology in India: IT Act, 2000

The Information Technology Act, 2000 (Act No. 21 of 2000), received Presidential assent on June 9, 2000, and came into effect on October 17, 2000. This landmark legislation addresses the following key areas:

• Legal recognition of electronic documents

• Legal recognition of digital signatures

• Offences and contraventions related to cyber activities

• Establishment of a justice dispensation system for cybercrime

IT Amendment Act, 2008

As the first legislation addressing cyber offences, the IT Act, 2000, attracted debates, reviews, and criticisms. Some considered it draconian; others found it too lenient. Several omissions caused delays in investigations, with more reliance still placed on the IPC rather than the IT Act.

Recognizing the need for a more detailed and robust framework, the Information Technology Amendment Act, 2008 (ITAA 2008) was passed by Parliament and received Presidential assent on February 5, 2009. It came into effect on October 27, 2009.

Essential Features of the IT Amendment Act, 2008:

• Focus on data privacy

• Emphasis on information security

• Definition of cyber cafés

• Technology-neutral approach to digital signatures

• Specification of reasonable security practices for corporations

• Redefinition of the role of intermediaries

• Inclusion of additional cybercrimes such as child pornography and cyber terrorism

• Authorization of Inspectors to investigate cyber offences

How New Cyber Laws Protect You?

In today’s world, it is impossible to imagine life without technology. However, security measures often lag behind technological advances. The internet has become a new, profitable frontier for criminal activity. Fortunately, evolving laws seek to protect users against these threats by broadening the list of cyber offences.

Civil Wrongs and Penalties

Penalty and Compensation for Damage to Computer Systems — Section 43

Unauthorized access, downloading, introduction of viruses, disruption, denial of access, data manipulation, and other damaging acts relating to computers, systems, or networks are punishable. Civil liability includes compensation of up to ₹1 crore.

Compensation for Failure to Protect Data — Section 43A

Where a corporate entity is negligent in securing sensitive personal data causing wrongful loss or gain, it is liable to pay compensation up to ₹5 crore.

Cyber Offences and Punishments

• Tampering with Computer Source Documents (Section 65): Imprisonment up to 3 years, fine up to ₹2 lakh, or both.

• Computer Related Offences (Section 66): Imprisonment up to 3 years, fine up to ₹5 lakh, or both.

• Sending Offensive Messages (Section 66A): Imprisonment up to 3 years and fine.

• Dishonestly Receiving Stolen Computer Resource (Section 66B): Imprisonment up to 3 years, fine up to ₹1 lakh, or both.

• Identity Theft (Section 66C): Imprisonment up to 3 years, fine up to ₹1 lakh, or both.

• Cheating by Personation (Section 66D): Imprisonment up to 3 years, fine up to ₹1 lakh, or both.

• Violation of Privacy (Section 66E): Imprisonment up to 3 years, fine up to ₹2 lakh, or both.

• Cyber Terrorism (Section 66F): Imprisonment up to life.

• Publishing Obscene Material (Section 67): Imprisonment 3 years (first offence), 5 years (subsequent), and fines up to ₹10 lakh.

• Publishing Sexually Explicit Material (Section 67A): Imprisonment 5 years (first offence), 7 years (subsequent), and fines up to ₹10 lakh.

• Publication for Fraudulent Purposes (Section 74): Imprisonment up to 2 years or fine up to ₹1 lakh, or both.

Conclusion

While a crime-free society remains a utopian ideal, laws continually strive to minimize crime levels. In a society where technology use is ubiquitous, electronic crimes are bound to increase. Lawmakers must continually adapt to maintain peace and security.

Technology is a double-edged sword: it can be used for both good and ill. It is the responsibility of users and legislators alike to ensure technology is used ethically and not as a tool for committing crimes.

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