Open Access Research Article
A CRITICAL ANALYSIS ON CYBER SECURITY AND MOBILE LAWS BY: BERTILA. A
Published Paper
Article Details
A CRITICAL ANALYSIS ON CYBER
SECURITY AND MOBILE LAWS
AUTHORED BY:
BERTILA. A
DESIGNATION: POST GRADUATE STUDENT
INSTITUTION: THE TAMIL NADU Dr.
AMBEDKAR LAW UNIVERSITY
SCHOOL OF EXCELLENCE
IN LAW, CHENNAI
ADDRESS: NO. 39, MOHANAPURI 2ND
STREET, ADAMBAKKAM, CHENNAI 600088
CONTACT DETAILS: 9840960006,
9840960001
INTRODUCTION
The current social lifestyle thrives
on information technology. A mobile phone always acts as the mini storage and
as access to information even when a person is away from his computer, books
and libraries or other sources of information. Application wise a mobile is
also a very handy tool to wield, there are innumerable applications loaded in
the machine beginning from date and time to weather report to GPS systems et
al. Until these information system is applied at the right place for the right
purpose, mobile is the most advantageous technology at the hands of a man. But,
if these information are used undesirably and for cross purposes, they might
turn out to be great menaces to the society. In the role of a safety device a
mobile is a savior since it can reach the emergency services or the closed ones
in no time but, accidents caused due to mobiles also show that cell phones can
contribute to unsafe incidents as well.
The law regulating mobile devices,
their use, and their adoption is known as "Mobile Law" in basic
terms. "Mobile Law" refers to the newly developed legal field and law
that affects, relates to, is connected to, or has a relating to convoluted
legal difficulties with mobile devices, any type of communication gadget,
mobile networks, all data, mobile platforms, laptops and mobile devices, and
information that is hosted, whether digitally or otherwise any way, whether
generated, sent, received, or transmitted, employing the aforesaid mobile
platforms and devices. The rapidly expanding field of mobile law includes,
within its purview, complicated legal issues and difficulties that would affect
any device, computer, computer system, computer network, computer resources, as
well as data or information in electronic form, within the mobile ecosystem. As
the world moves toward more mobile device penetration, adoption, and usage,
mobile law has the potential to grow significantly as a legal field.
The question, Do we need mobile laws?
The answer is unequivocally Yes,
because this industry represents a new chapter in our life. Mobile phones are
more than just communication gadgets. These are extremely powerful computing
devices. The device that rules our world indistinctively, the device that aid
us from sunrise to sunset and much more powerful than the the computers that
were used by NASA to send man to moon. When a new technology emerges there
rises a need for specific laws governing it in entirety.
The new law of the future decade is
mobile law. Various sophisticated and complex legal concerns will continue to
appear in this field of study. These issues will include not only the
production, manufacture, sale, marketing, distribution, and related activities
pertaining to mobile handsets and mobile devices as well as mobile platforms,
but also all issues pertaining to data and information in electronic form that
is resident on these mobile devices or is transmitted, sent or received,
preserved or retained in the said Mobile devices and mobile platforms.
Mobile Law as a Legal discipline is applicable
all throughout the world. Different countries have implemented various rules,
regulations, and notifications, as well as laws, all of which have an impact on
legal concerns with mobile phones. The majority of these laws are written in an
indirect manner. There are very few direct laws governing mobile law. With the
increased use of mobile phones in India, the government moved to update the
Information Technology Act of 2000. The Information Technology (Amendment) Act
of 2008 will put these additional amendments into force. These changes have
resulted in the transformation of India's Cyberlaw into India's Mobile Law.
The Information Technology Act of
2000, with subsequent revisions, attempted to cover communication devices, but
this was simply the first step. This paper discusses the need for Mobile Laws
in today’s scenario, what needs to be done to make this rule truly applicable
in the context of mobile apps and their misuse, as well as data collection.
History of Mobile
Telephony: Indian Law Enforcement Perspective
In India alone, there are 2.364
million mobile phone subscribers which are growing at a rapid pace. While
mobile phones outsell personal computers three to one, mobile phone forensics
still lags behind computer. Data acquired from mobile phones continues to be
used as evidence in criminal, civil and even high profile cases. However,
validated frameworks and techniques to acquire mobile phone data are virtually
non-existent.
The Need for Mobile Phone
The following section of the paper will
discuss the need for mobile forensics by highlighting the following:
· Use of mobile phones to store and
transmit personal and corporate information
· Use of mobile phones in online
transactions.
· Law enforcement, criminals and
mobile phone devices.
DIFFERENT MOBILE GENERATIONS
1st generation – Analog system
2nd generation – TDMA (Time Division
Multiple Access)
3rd generation – GSM 1800 MHz (Global
System for Mobile Communications)
4th generation – UMTs 1900 MHz
(Universal Mobile Telephone System)
IMPACT OF SMARTPHONES
As the smartphone market grows, there is a
corresponding significant growth in mobile applications and online services;
driven by both the Government and private players. With rise in smartphone
users, there is vast potential to leverage this reach for social and economic
development. Mobile apps and web portals as the primary form of service delivery
can lead to more efficient process, transparent workings, ease of access to
services, citizen participation and inclusion. Recognizing this, the Government
has made numerous attempts to cater to the growing demand for digital and
mobile friendly services.
COVID 19: ROLE OF SMARTPHONES
Amidst the global Corona pandemic, smartphones
have emerged as a multipurpose tool for the government in various ways. By
leveraging key features of open ecosystem such as low development time,
cost-effectiveness and customization, many state governments have developed
their own apps for a range of services. Owing to open OS’s such as Android, the
current administration was able to promptly take action and develop apps that
would aid various departments in carrying out COVID-19 related functions. This
has resulted in over 60 COVID-19 related apps in the Play Store. To prevent the
rapid spread of the Corona virus, countries such as India imposed a nation-wide
lockdown.
Thus, as the world moves to digital
platforms in these physically restrictive times, the role of smartphones is
expected to grow in importance and adoption. This may have a cascading and
sustainable effect on key sectors such and Education, Health, Finance, etc.
With the country in lockdown, citizens are gradually recognizing the value of
accessing public services online, through mobile devices. Owing to Google;s
efforts to ensure Android compatibility through the AFA/ ACC, smartphones are
now one of the Indian government’s primary contact tracing tools to battle the
coronavirus epidemic. By keeping the public well informed on the ,do’s and
donts’, well-coordinated steps can be taken to overcome this pandemic. The
government has also urged people to come forward and share technology-driven
solutions for COVID-19 to arrest its growth. Smartphones are crucial for the
government’s focus on technology led governance.
AROGYA SETU
·
Arogya
Setu is an app which is available in 12 Indian languages, with over 9.78 crore
users.
·
This
app is used to monitor the proximity of COVID-19 positive patients within a
specified radius. This allows users to distance themselves from active patients
and keeps the government updated on corona hotspots and patient symptoms.
WOMEN’S MOBILE-RELATED SAFETY CONCERNS
Mobile has the capacity to transform
lives. It can empower women, make them more connected and provide access to
information, services and life-enhancing opportunities like health information,
financial services and employment opportunities, often for the first time.
Mobile is also the main access point to the internet for most of the world’s
population, especially in low- and middle-income countries. However, while
mobile connectivity is spreading quickly, it is not spreading equally. Women
are being left behind as various, interconnected barriers keep them from
accessing and using mobile at the same rate as men. This unequal access to
mobile technology threatens to exacerbate the inequalities women already
experience. At the same time, there is a paradoxical relationship between
mobile technology and women’s safety.
A 2015 GSMA[1]
Connected Women survey found that 68% to 94% of female respondents in 11 low
and middle-income countries reported feeling safer with a mobile phone or that
they would feel safer if they owned one. Among other things, a mobile can
provide a way for a woman to contact help if she is in trouble and reassurance
when she is out and about. However, research has consistently shown that safety
concerns related to mobile are an important barrier to mobile ownership and
use, with women perceiving safety as an issue more commonly than men. Mobiles
have become conduits for threats that have always existed as well as new ones.
Mobile-related safety concerns are wide ranging and include Safety concerns,
and a general perception that mobile or internet access and use pose threats,
should not however be used as an excuse for denying women access. Rather, their
ability to empower women should be emphasised, including the ways in which
mobile ownership and access to services can enhance women’s personal safety.
This report explores women’s mobile-related safety concerns, building on
previous research by the GSMA and other organisations. It draws on over 30
stakeholder interviews, desk research and primary research in India.
THREE TYPES
1. PHYSICAL WORLD: Threats
experienced in the physical world as a result of owning or using a mobile.
2. VOICE AND SMS: Threats experienced
via voice calls or SMS.
3. ONLINE: Threats experienced via
mobile internet.
CATEGORISATION OF MOBILE-RELATED SAFETY CONCERNS
PHYSICAL WORLD
·
Threats
experienced in the physical world as a result of owning or using a mobile
·
Risk
of phone theft
·
Harassment
when visiting points of sale and subsequent misuse of women’s mobile numbers
after they share them to top up
·
Societal
disapproval or harassment as a result of using mobile in public
·
Domestic
violence triggered by using mobiles at home
VOICE AND SMS
·
Threats
experienced via voice calls and SMS
·
Unwanted
calls or messages
·
Sexually
harassing calls or messages
·
Threatening
calls or messages
·
Scam
calls and messages
·
Unwanted
and harassing marketing calls and messages.
ONLINE
·
experienced
via mobile internet
·
Threats
Online/social media harassment or bullying
·
Online
stalking or use of spyware
·
isuse
of personal data or images
·
Identify
theft
·
Fraud
·
Online
scams / viruses
·
Exposure
to content deemed explicit or inappropriate.
THE CYBER LAW TRENDS AND DEVELOPMENTS OF INDIA
CYBER CRIMES PREVENTION STRATEGY:
Cyber crimes have increased
significantly in India in recent years. In response, the Indian government has
decided to develop a cybercrime prevention strategy for India. However, the
proposed strategy has yet to be developed.
CYBER CRIMES INVESTIGATION TRAINING:
With an increase in cybercrime in
India, it was felt that law enforcement agencies in India needed cybercrime
investigation training. India must improve its cybercrime investigation
capabilities in order to effectively combat cybercrime. Similarly, the
modernization of India's police force is urgently required, with a special
emphasis on the development of techno-legal skills for them.
ENCRYPTION LAW:
Almost six years ago, the Standing
Committee on Information Technology (SCIT) drew the Department of
Telecommunications (DOT) over encryption concerns. India's encryption laws and
regulations require clarification. The legal risks for website development
companies in India would also rise as a result of improper encryption for such
websites. A dedicated encryption policy and a techno-legal encryption law in
India are urgently required.
BANK ATMS HAVE BEEN COMPROMISED:
On October 20, 2016, it was reported
that approximately 3.2 million bank customers' debit cards had been
compromised. SBI, HDFC Bank, ICICI, YES Bank, and Axis Bank were among the
hardest hit. Banks in India will either replace or request that users change
security codes for over 3.2 million debit cards.
E-MAIL POLICY:
Despite repeated warnings from the
Delhi High Court, India's e-mail policy has yet to be implemented. The
situation is so bad that the Delhi High Court has accused the central
government of sitting over India's e-mail policy. The Delhi High Court has also
directed the Central Government to issue an electronic signature notification
under the Information Technology Act of 2000. India's encryption policy is also
lacking, despite the fact that it is urgently needed. However, Madhya Pradesh
has legalised email communications between government departments.
ONLINE PAYMENTS:
Over the last decade, India has seen an
increase in online and mobile payments. However, various mobile payment
providers in India did not take legal and regulatory issues seriously. There
are numerous legal issues of e-commerce in India, to which various online
payment service providers in India must adhere. In India, it has already
specified the cyber law due diligence requirements for PayPal and online
payment transferors. Similarly, we have outlined the e-commerce and online
business legal compliances for the Indian online payment market.
MOBILE CELL PHONES AND CYBER CRIMES IN INDIA
Telecommunication was first
introduced in India in 1882. Following the introduction of the internet and
mobile technology in India, telecommunications grew like a weed. On August 15,
1995, India saw the launch of its first non-commercial mobile phone service.
The internet was also introduced in this country on the same day. After the
liberation and privatisation of this sector, India did not look back;
telecommunications conquered the lives of Indian citizens, and India's
telecommunication network quickly became the world's second largest. In May
2019, India had 1909.17 million mobile users. A person is looked at with
surprise in this dot-com era if he is not a mobile user.
CYBER CRIMES ASSOCIATED WITH CELL PHONES
BLUE BUGGING:
As the name implies, this is a
Bluetooth-based attack on mobile phones. Bluetooth is a common term these days.
Bluetooth technology is built into almost every mobile phone. We use Bluetooth
to share photos, audio and video files, and so on. Blue bugging enables a
hacker to gain complete control of your mobile phone. When you receive a call
on your infected mobile phone, the call is forwarded to the hacker, who can
listen in on the conversation. Blue snarfing allows a hacker to steal all of
the data and information on your mobile phone using his laptop.
VISHING:
This is a mobile tool for committing
financial crime. The use of mobile making on mobile phones is increasing.
Mobile phones are now used to conduct online shopping and banking transactions.
This has made mobile phones an easy target for Vishing. The hacker's motivation
is to make quick money. These attacks resemble phishing attacks.
MALWARE:
This is one of the most serious
threats to mobile phones. It is a programme (software) designed to carry out
malicious activities on the infected device. Malware infiltrates the victim's
mobile phone via SMS, file transfer, downloading programmes from the internet,
and so on. Malware enters and functions in the victim's mobile device without
his knowledge, performing a variety of malicious activities such as the use of
talktime.
SMISHING:
The term "SMS" needs no
introduction in this day and age. It stands for Short Message Service. It is a
common term for text messaging on a mobile phone. This is one of the most
popular mobile phone services. As a result, criminals are using it as a tool to
satisfy their greed. Smishing is a type of security attack in which the user
receives an SMS posing as a lucrative service, luring them into revealing
personal information that is later misused. This is also used to install
malware on the user's cell phone.
INDIA'S DATA PROTECTION LAWS
The right to privacy has been
recognised by Indian courts, including the Supreme Court of India, as an
integral part of the right to life and personal liberty, which is a fundamental
right guaranteed to every individual under the Indian Constitution. As a
result, the Indian judiciary has prioritised the right to privacy, which can
only be limited for compelling reasons such as state security and public
interest.
LEGAL FRAMEWORK:
MOBILE CELL PHONES AND THE
INFORMATION TECHNOLOGY ACT, 2000[2]
Personal liability is created by the
section for illegal or unauthorised use of computers, computer systems, and
data stored on them. However, the section does not address the liability of
internet service providers, network service providers, or entities handling
data. As a result, this section does not apply to entities responsible for the
safe distribution and processing of data, such as vendors and outsourcing
service providers. Section 79 further dilutes the entities' liability by
requiring "knowledge" and "best efforts" before determining
the quantum of penalties.
This means that if the network
service provider or an outsourcing service provider proves that the offence or
contravention was committed without his knowledge, or that he exercised all due
diligence to prevent the commission of such offence or contravention, he will
not be held liable. It should be noted that if a company is accused of
violating the IT Act, its key employees are personally liable for any
intentional or negligent act that results in a violation of the IT Act.
SECTION 2(I)[3]:
According to the IT Act, mobile phones are
included in the definition of a computer. Mobile phones have been used for
information exchange.
SECTION 2(R)[4]:
According to the IT Act,
"electronic form" refers to information that is generated, sent,
received, or stored in media such as magnetic, optical, computer memory, micro
film, computer generated micro fiche, or similar device.
SECTION 43 (A), (B), AND (I):
This section states that any person
who operates a computer, computer system, or computer network without the permission
of the owner or any other person who may be in charge of the computer, computer
system, or computer network.
• Gains or maintains access to such
computer, computer system, or computer network
• Downloads, copies, or extracts any
data, computer data base, or information from such computer, computer system,
or computer network, including any information or data held or stored in any
removable storage medium.
• Any person who steals, conceals,
destroys, or alters, or causes another person to steal, conceal, destroy, or
alter any computer source code used for a computer resource with the intent to
cause damage, shall be liable for damages.
SECTION 43A[5]:
This section is the bedrock of data
protection, and it states that if a body corporate is negligent in implementing
and maintaining reasonable security practises and procedures and thereby causes
wrongful loss or wrongful gain to any person, such body corporate shall be
liable to pay damages in the form of compensation.
SECTION 66A[6]:
The IT Act establishes penalties for
sending offensive messages via communication services, among other things.
SECTION 66 C[7]:
This section deals with identity
theft and states that anyone who fraudulently or dishonestly uses another
person's electronic signature, password, or any other unique identification
feature shall face imprisonment for a term of up to three years, as well as a
fine.
SECTION 66 E[8]:
This section states that anyone who
intentionally or knowingly captures, publishes, or transmits an image of a private
area of another person without his or her consent, in circumstances that
violate that person's privacy, faces up to three years in prison or a fine.
SECTION 67[9]:
Establishes penalties for publishing
or transmitting obscene material in electronic form. Whoever publishes,
transmits, or causes to be published or transmitted in electronic form any
material that is lascivious or appeals to the prurient interest, or whose
effect is such that it tends to deprave and corrupt persons who are likely,
taking all relevant circumstances into account, to read, see, or hear the
matter contained or embodied in it, shall be punished on first conviction with
imprisonment of either description for a term that may extend to three years
and with fine which may extend to five lakh rupees and in the event of 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.
SECTION 67(A)[10]:
Penalty for publishing or transmitting
in electronic form material containing sexually explicit acts, etc. This is
especially important for teenagers. The sharing of pornographic material on
cell phones is becoming more popular. Nobody is unaware of the occurrence of
indecent MMS. This law punishes anyone who publishes, transmits, or causes to
be published or transmitted in electronic form any material containing sexually
explicit acts or conduct.
SECTION 72[11]:
States that any person who obtains
access to any electronic record, book, register, correspondence, information,
document, or other material without the consent of the person concerned and
then discloses such electronic record, book, register, correspondence,
information, document, or other material to any other person violates this
section.
INDIAN PENAL CODE, 1860
The Indian penal code makes no
mention of data privacy violations. Liability for such violations must be
inferred from related crimes under the Indian Penal Code. Section 403 of the
Indian Penal Code, for example, imposes a criminal penalty for the dishonest
misappropriation or conversion of "movable property" for one's own
use.
SECTIONS 294, 504, 506, 507, AND 509
The only difference is that the
criminal in these sections uses his cell phone or computer to express his
offensive feelings. The punishment prescribed by this section is imprisonment
for a term of up to three years and a fine. This section includes an
explanation that states that the terms electronic mail and electronic mail
message refer to a message or information created, transmitted, or received on
a computer, computer system, computer resource, or communication device,
including attachments in text, image, audio, video, and any other electronic
record that may be transmitted with the message. This explanation broadens the
scope of this section and ensures that the criminal is held accountable.
NEED FOR A MOBILE LAWS
The new legislation of the future decade is
mobile law. Various sophisticated and complex legal concerns will continue to
appear in this field of study.
These issues will include not only
the production, manufacture, sale, marketing, distribution, and related
activities pertaining to mobile handsets and mobile devices, but also all
issues pertaining to data and information in electronic form that is resident
on these mobile devices or is transmitted, sent or received, preserved or
retained in the said Mobile devices and mobile platforms.
As a legal discipline, mobile law is
applicable all over the world. Different governments have implemented various
rules, regulations, and announcements, as well as legislation that have an
impact on legal concerns relating to mobiles The majority of these laws are
written in an indirect manner. There are very few direct laws relating to
mobile law.
MOBILE LAWS AROUND THE WORLD
§ Driving While Using a Cell Phone
The United Kingdom has a
restriction on cell phone use while driving, which began as a fine but has
since progressed to inflicting points on your driving record. The penalty are
$250 for chatting on a cell phone while driving and $100 for texting.
§ Gaming on Cell Phones
Many nations have banned
cell phone gaming given the fact that online gambling is illegal and that there
would be potential for online gambling through mobile broadband. The issue
continues to be debated around the world.
§ Camera Phone Regulations
The Video Voyeurism
Prevention Act of 2004 in the United States prohibits people from taking naked
pictures of anyone else with their cell phone camera unless they have obtained
consent (and the person is of legal age to give that consent).
§ Mobile devices in Schools
Most nations don't have
laws governing this, but there is much discussion arguing that there should
be placed in place to permit these children to possess their phones but
forbidding their use to disturb class time.
§ How to Avoid Cell Phone Spam
Spam on cell phones has
been on the rise and has become a big issue, prompting governments throughout
the world to pass anti-spam legislation requiring those delivering cell phone
commercial messages to include a "opt out" option. Cell phone spam
should be prohibited, according to Singapore.
CONCLUSION
The new law of the future decade is
mobile law. Various sophisticated and complex legal concerns will continue to
appear in this field of study. These issues will include not only the
production, manufacture, sale, marketing, distribution, and related activities
pertaining to mobile handsets and mobile devices as well as mobile platforms,
but also all issues pertaining to data and information in electronic form that
is resident on these mobile devices or is transmitted, sent or received,
preserved or retained in the said Mobile devices and mobile platforms.
The government should start campaigns
in promoting literacy about cyber world and cyber crime specifically to make
the people more aware about the use and misuse. It is further recommended that
cyber illiteracy should start from grassroots level; institutes, computer
centers, schools & individuals.
[1] GSMA Connected Women, 2015,
“Bridging the gender gap: Mobile access and usage in low- and middle income
countries”, https://www.gsma.com/
mobilefordevelopment/wp-content/uploads/2016/02/ConnectedWomen-Gender-Gap.pdf
[2] Information Technology Act, 2000
[3] Sec
2 (I) Information Technology
Act, 2000
[4]
Sec 2 (R) Information
Technology Act, 2000
[5]
Sec 43(A) Information
Technology Act, 2000
[6]
Sec 66(A) Information
Technology Act, 2000
[7] Sec 66(C) Information Technology
Act, 2000
[8] Sec 66(E) Information Technology
Act, 2000
[9] Sec 67 Information Technology Act,
2000
[10] Sec 67(A) Information Technology
Act, 2000
[11] Sec 72 Information Technology Act,
2000
Article Information
A CRITICAL ANALYSIS ON CYBER SECURITY AND MOBILE LAWS BY: BERTILA. A
Authors: BERTILA. A
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/14
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.