Growing Issue of Cybercrime

Author: Amisha Gupta

3rd Year BBA LL.B (Hons.)
University of Petroleum and Energy Studies, Dehradun

1. INTRODUCTION TO CYBERSPACE

As society is changing with more development, we need a device with a fast speed processor, which can perform functions like arithmetic, logic and saving i.e., memory functions. These functions have the power to interconnect companies at the world level.  The universal and dynamic space network created for the system to connect is termed as cyberspace which was first appeared in the year 1984 by William Gibsons, by his science fiction necromancer, which describes the E- world of computers and the part of the society linked with the system.

As per the Oxford Dictionary[1], they termed cyberspace as “communication which occurs between the two computers.” In case R v. Governor of Brixton prison, it was stated that the operation of the attached systems of the computer like keyboard operator produces a different kind of result on the magnetic disc where distance doesn’t matter, even though it is thousands of miles farther.  Thus, it is referred to as an imaginary world where parties communicate with the help of computers.

2. CYBER LAWS

As far as the use of cyberspace is concerned, this helped in the growth of the economy at large, but on the other hand, it is promoting more crimes in the society by misusing this great technology and for prevention of this, new laws have been introduced. Any act which violates the right in the cyber world will be termed as cyberspace crime. There are currently two statues which define the law for cybercrime.

  • Indian penal code, 1860.
  • The information technology (IT) act, 2000.

 

3. INFORMATION TECHNOLOGY ACT, 2000

Under the facts era act, laptop crimes which include hacking right into a laptop system, cyber terrorism, and fraudulent use of electronic signatures are punishable offences. Banks and financial establishments which issue credit score playing cards usually gain insurance in opposition to financial frauds which allow them to reimburse the customer within the event a credit card is misused. Indian regulation imposes sure responsibilities of entities which gather positive forms of private statistics of individuals that are considered to be sensitive. This responsibility applies to e-commerce[2] websites. The duties of information safety were referred to within the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011[3].

It applies to a body corporate, including groups, corporations or any association of individuals that involve the collection of personal facts ought to comply with these regulations[4]. This provision is also relevant in cloud computing offerings. Reasonable protection practices and processes are described to mean safety practices designed to guard facts from unauthorized get admitted to, damage, use, change, disclosure or impairment as laid out in a settlement between parties.

Its objectives are:

  • Legal backup of transactions which are constituted by EDI[5] or any other means of transaction made by computer
  • Giving legal value to the DS[6]
  • Granting facilities in government department like e-filing[7] of documents
  • Having memory functions like storing and saving functions.

 

This IT act is not applicable: as per section 1 (4) of the IT Act, the following documents are nor included under the information technology act,

  • Negotiable instruments under the negotiable instrument act, 1881 but cheque constitutes exception here. Cheques can be in digital form and hence included in IT act,
  • Power of attorney under powers of attorney act, 1882.
  • Development of trust which is governed under the Indian trust act, 1882.
  • Implementing of will or any other testamentary instrument which is governed by the Indian succession act, 1925.
  • Contract of sale of any immovable property[8]
  • Or any other document or class of documents which the central government in the gazette notifies to the authority.

 

4. CYBER ATTACK AT ALARMING RATE

Earning by online fraud is a new type of marketing at the current level, which needs to be controlled before it will devastate our economy.

In India and globally, Symantec is the acknowledged chief in cybersecurity. A Symantec document[9]well-known implies that globally, India is the third least sincere United States of America on the Internet. The document reveals that over half of Indian adults have lied on-line. This approach half of the Indian adults have lied on their social and expert networking websites in addition to on different platforms. When the masses of hundreds of thousands of Indian adults online, half of have created profiles that include lies or profiles which are fake, many, together with employers, have to have been duped in a single way or any other.

The facts are grim. Symantec well-known shows that approx. 70% of Indians were victims of a few forms of cybercrime and 60% have been victimized due to laptop viruses and malware. A tiny minority, most effective 8% do no longer agree that they will fall victim to cybercrime. The overwhelming majority of Indians considers cybercrime a sizable threat. In India, the simplest 10% of humans feel very secure on-line. Not only do many Indians consider they’ll fall prey to cybercriminals, the majority, approximately 57%, agree that cybercriminals will never be delivered to justice.

Cybersecurity poses a larger chance than any other spectrum of technology. Cybercriminals have already commenced abusing generation controlled devices for propelling cyber-crimes along with frauds and thefts. With technology protocols, nonetheless being advanced, it’s far very difficult to avoid such cyber-assaults.  The Digital India initiative is riding over many developed countries which can include the U.S.A. Closer to a digitized life wherein the existence will incredibly depend on elements like cloud computing, 5G in telecom, e-Commerce and many others. It is vital to maintain a look at free ends.

5. TYPES OF ATTACK

Hacker is a computer expert who uses his expertise to gain unauthorized admission to the laptop community. He is not any character who intends to break by the machine however additionally consists of a person who has no cause to harm the machine but intends to analyze more through the usage of one’s computer. Information Technology Act 2000 doesn’t make hacking according to overview an offence, however, appears into a factor of men’s rea (guilty intention). Hackers on different hand use the information reason disruption to the network for personal and political reasons. Hacking via an insider or an employee is pretty prominent on the gift date. Section 66 (b)[10]provides punishment of imprisonment for the term of three years or fine which may add volume to two lakh rupees, or both as per the justice.

Banks and other monetary institutions are threatened with the aid of the terrorist groups to apply their sensitive records resulting in heavy loss and flip ask for ransom quantity from them. There are diverse strategies used by hackers to benefit unauthorized get right of entry to the computer systems aside from the use of viruses like Trojans and worms and so forth.

There are different types of attacks are computer viruses, phishing, spoofing, phone phishing, internet pharming, the risk posed on banks and Publishing Pornographic Material on the internet.

Publishing immoral things is a severe offence which may be considered as an offence about other sections also. Section 67 of IT act[11] read with Section 292 of Indian Penal Code, 1860 makes publication and transmission of any material in digital which is lascivious or appeals to the prurient interest against the law, stated that will be punishable with imprisonment which may also expand to 5 years and a fine of 1 lakh rupees and next offence with imprisonment extending to ten years and a fine of two lakhs.

Various methods of testing have been laid down progressively in the path of time to decide the real crime in case of obscene material published on a digital source. The Hicklin test was adopted by America in the case of Regina v. Hicklin wherein it became held that if the fabric has a tendency is to deprave and corrupt those whose minds are open to such immoral effects, and into whose fingers a book of this sort may additionally fall.  As per the Indian situation by the case of Ranjeet D. Udeshi v. the State of Maharashtra, the Supreme Court admitted that Indian Penal Code doesn’t define obscenity although it offers punishment for an e-book of obscene memory. There is a very thin line current between a material which may be called obscene and the only that’s creative

Section 72 of IT act, 2000 provides punishment for unauthorized access or, disclosure of that record to 1/3 character punishable with imprisonment up to 2 years or satisfactory which may additionally expand to 1 lakh rupees or with both. English courts have also treated trouble as to what sports would constitute the crime below present law, within the case of R. V. Fellows and Arnold, it was held that the law earlier than the 1994 change would also allow computer records to be considered a replica of an indecent picture and making photos to be had for downloading from the internet site might represent fabric being allotted or shown. The statute is extensively sufficient to cope with the usage of laptop technology.

6. TOOLS AND WAYS TO CURE CYBERCRIME:

  • IT Security as a Key Competitive Factor
  • Data analytics is the key factor
  • Encryption
  • Synchronized passwords
  • Firewalls
  • Digital signature

 

PROPER INVESTIGATION UNDER IT ACT: Section 77 of the act, takes care of the jurisdictional aspect of cybercrimes, and one would be punished irrespective of his nationality and location of the offence. Power of investigation has been given to the police officer no longer below the rank of Deputy Superintendent of police or any officer of the Central Government or a State Government permitted with the aid of the Central Government. He might also input any public location, conduct searches and arrest without warrant character who in all fairness predicted to have committed an offence or about to dedicate a laptop associated crime. Accused needs to be produced earlier than Justice of the Peace within 24 hours of arrest as per the Provisions of Criminal Procedure Code, 1973 which states the manner of access, seek and arrest of the accused.

7. CONCLUSION

It can be concluded by stating that No one can avoid the huge position of cyberspace at the current level of the world which includes every aspect whether it’s the political, financial, or social sphere of lifestyles. But as the two faces of a coin, cyber terrorists have taken over the generation to their advantage. To cut back their activities, the Information Technology Act 2000 came into existence that’s based totally on the UNCITRAL model of Law on e-trade. It has many advantages because it gives criminal reputation to electronic statistics, transactions, authentication and certification of digital signatures, prevention of computer crimes etc. However on equal time is inflicted with various drawbacks additionally adored it doesn’t talk over with the protection of Intellectual Property rights, domain name, cybersquatting and many others. This inhibits the corporate bodies to make investments in the Information technology infrastructure. Cases like Dawood and Quattrochi surely well-known show the trouble of enforceability equipment in India. Cryptography is a new phenomenon to comfy touchy records. There are only a few agencies in the present date that have this era. Other hundreds of thousands are nevertheless posed to the hazard of cybercrime.

 

References:

[1]  ENGLISH term logy.

[2] Electronic website.

[3] (SPDI Rules).

[4]Cyber Security Threats for 2017, University of San Diego (2018),

https://onlinedegrees.sandiego.edu/4-cyber-security-threats-2017.

[5] Electronic data exchange.

[6]  Digital signature. 

[7]  Filing of documents electronically.

[8]  Which is generally defined by transfer of property act.

[9] published in January 2019.

[10] the Information Technology Act 2000.

[11] the Information Technology Act, 2000.

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