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A CRITICAL CHALLENGES IN CYBER SPACE AND LEGAL STUDY BY: C DHANALAKSMI
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A CRITICAL CHALLENGES IN CYBER SPACE
AND LEGAL STUDY
AUTHORED BY: C DHANALAKSMI[1]
B. Com. LL.B (HONS), Undergraduate.
The
Tamil Nadu Dr. Ambedkar Law University-SOEL.
E-MAIL
ID: dhanalaksmi2003@gmail.com
ABSTRACT:
Any illicit action that uses a
computer as its main tool for commission and theft is referred to as
cybercrime. Cybercriminals or the hackers who want to generate money commit the
majority, but not all, of cybercrime. Individuals or organisations can commit
cybercrime. Some cybercriminals are well-organized, employ cutting-edge
methods, and possess exceptional technical proficiency. Some hackers are
amateurs. Cybercrimes will rise alongside technological advancements as
technology plays a larger part in people’s lives day by day. in the present
paper we are going to see about the endless discussion with regarding the pros
and cons of the cybercrime. There are many challenges in cyber space and
related legal studies.
KEYWORDS: Cyber-Crime, Cyber-Hackers,
Cyber-Criminals, Cyber-Laws.
INTRODUCTION:
Cybercrime refers to any illicit
conduct that makes use of a computer as its main tool for theft and commission.
Most, but not all, cybercrime is conducted by hackers or cybercriminals who are
after financial gain. Cybercrime is committed by both individuals and groups.
Some online criminals are well-organized, employ cutting-edge methods, and have
extensive technical skills. Some hackers are newbies. As technology becomes
more and more important in people's lives on a daily basis, cybercrimes will
rise in tandem with these developments. Rarely does cybercrime want to harm
computers for anything but financial gain. In today’s scenario cybercrime is an
emerging profession in the help of advanced technology and high-speed internet
facility it has created a great platform for the individual or groups to earn
lots of money illegally. Cybercrime is simply defined as crimes that are
directly related to computers and using computers.
OBJECTIVES:
·
To
know about the cybercrimes.
·
To
understand about the Cyber laws.
·
To
analyse about the challenges in cyber space.
CYBER LAWS:
Cyber law is the body of legislation
that controls actions in cyberspace. The legislation governing the internet is
known as cyber law. Cyberspace is a broad phrase that covers everything from
computers and networks to software and data storage devices like hard drives
and USB discs, as well as the internet, websites, emails, and even electrical
gadgets like cell phones and ATMs. a location where E-messages exist while
being sent from one computer to another computer but is not physically present.
There are no physical borders in cyberspace. There are various sections in the
law that penalise criminals who engage in cybercrimes. The Indian Penal Code,
1860 or the Information Technology Act, 2000 (IT Act, 2000) governs the
offender's penalty. The following sections of the IT Act of 2000 and the IPC of
1860 are relevant:
• Where a person without the permission
of owner or any other person in charge damages the computer.[2]
• Whoever, fraudulently or dishonestly
makes use of e- signature, password or unique identity feature of another
person shall be punished for 3 years or fine up to 1 lakh.[3]
• Whoever, by means of any
communication device or computer resources cheat by personation shall be
punished with 3 years or with fine.[4]
• Punishment for cheating by
personation.[5]
• Making false document.[6]
• Punishment for forgery.[7]
• Forgery for purpose of cheating.[8]
• Forgery for purpose of harming
reputation.[9]
SOME OF THE CHALLENGES IN CYBER
CRIMES:
IDENTITY THEFT:
The fraudulent practice of using
another person’s name and their personal details in order to obtain credit,
loans etc. When a person uses another person's personal information, such as
their name, identification number, credit card number, and so on, without that
person's permission, they are committing fraud or another crime. Identity theft
comes in four forms. They are as follows:
CRIMINAL IDENTITY THEFT: Criminal Identity theft is a type in
which a thief pretends to be someone else when they are caught committing a
crime. The thief makes use of the victim's personally identifying information,
such as complete name, licence number, social security number, and other
specifics, during an investigation or an arrest.
FINANCIAL IDENTITY THEFT: It can happen in a variety of ways,
but often involves theft, online account hacking, or a data breach involving
your account information giving someone else unlawful access to your bank cards
or account information.
MEDICAL IDENTITY THEFT: When someone uses your personal
information, such as your name, social security number, or Medicare number, to
make false claims to Medicare and other health insurers without your consent,
this is known as medical identity theft.
CHILDREN’S IDENTITY FRAUD: It can take many different forms.
Despite the fact that the majority of children do not have a large number of
bank accounts or lines of credit, scammers can nevertheless acquire a plethora
of personal information about them. Social security numbers and login
credentials for social media accounts are among the many things that thieves
will steal. By use of stolen logins and passwords, they might be able to access
other online accounts, and having access to social security numbers might allow
them to open new accounts in your child's name.
DATA THEFT: If any person without the consent of
the owner or any person who is in control of computer system. Data theft is the
act of downloading copies of or extracting any data or information from a
computer, including information saved on any removable storage medium.
PHISHING: is a form of social engineering
where criminals use deception to get their victims to expose personal
information or download malicious software like ransomware. It is an offence
where you are electronically impersonating or someone else for financial gain.
·
Dragnet:
They send bulk e-mails to the users and by clicking those mails their
information will be taken.
·
Rod
& reel: In this people will be targeted and the fake id will be sent to
them for acquiring their identity and the information related to them.
·
Lobster
pot: Targets the genuine website and the domain name will be taken and forged.
SOCIAL ENGINEERING: Criminals utilise social engineering
to get in touch with customers directly, typically through phone or email.
Often, they take on the role of a customer care representative to win your
confidence and get the data they need. This data may contain your bank account
number, employer name, and passwords. Before attempting to add you as a friend
on social networking networks, cybercriminals will research you as much as they
can online. If they get access to your account, they can start other accounts
in your name or sell your information.
CYBERSTALKING: It is the practice of being followed
by criminals on private social media accounts in order to get your private
information and exploit it to their advantage. They have a variety of methods
for gathering your information. They could be able to accomplish this by
intercepting user passwords, obtaining personal data through social media, or
disseminating phishing emails. This form of behaviour includes, but is not
limited to, threats, defamation, slander, sexual harassment, and other attempts
to intimidate, control, or otherwise harm the victim.
RANSOMWARE: Hacking into a user's data and
preventing them from accessing it until a ransom is paid are known as
ransomware assaults. Attacks by ransomware are crucial for all users, but they
are even more crucial for organisations that need access to the data to carry
out their regular operations. Yet, in the majority of ransomware assaults, the
attackers try to demand additional money rather than releasing the data even
after the ransom is paid.
BLOCKCHAIN AND CRYPTOCURRENCY
ATTACKS:
While the ordinary internet user may
not understand what blockchain and bitcoin are, companies value these
technologies greatly. Because cyberattacks on these frameworks have the
potential to harm customer’s data and corporate processes, they provide
significant problems for enterprises in terms of cyber security. These
technologies are no longer in their infancy but have not yet developed to a
sophisticated, secure phase. Companies must be aware of the security risks associated with these technologies
and make sure that no openings exist for intrusion and exploitation.
KINDS OF CYBER CRIME
Cyber crime against the persons
When we look into cybercrime against
a person it shall relate to offences like harassment which shall be through email
sent through as a letters or an attachment. A very common way of online
harassment is via social media platforms like facebook, instagram etc., crimes
like cyber stalking shall take place by sending messages, videos or websites.
Controlling of an individual computer and hacking it shall be completely
performed through transfer of malware. By sendind messages, audio, symbols or
videos to some other person’s personal account in obscene language shall be
claimed as online defamation. Cybercrimes shall be committed through cracking,
SMS spoofing, fraud, cheating, child pornography, phishing etc.
Crimes against the person’s property
Cyber crime performed on intellectual
property consists of the rights of an individual such as design, Trademarks,
software piracy etc. cyber crime against a persons personal property shall
includes software piracy, cyber squatting, cyber vandalism, hacking through
White-Hat hackers, Black-Hat hackers and Grey-Hat hackers.
Cyber crime against government
Cyber terrorism includes the hate
email and hate website circulated throughout the world. Cyber terrorism is one
of the hazardous crimes which endangers the integrity and unity of the nation.
Other such crimes are cyber warfare, use of internet and terrorist,
distribution of software’s which are pirated, and position of unauthorized
information.
Cyber crime against Society at large
It shall include child pornography,
online gambling, cyber trafficking, financial crimes and forgery.
The above cited crimes are done
against the society at large which shall cause complete harm to the cyberspace.
MAJOR CYBER CRIME CASES IN INDIA
Cosmos Bank cyber attack in Pune:
In 2018, Cosmos Bank which is
situated in Pune had to suffer from a cyber attack which was a shock on banking
sector of India where hackers siphoned off INR 94.42 crores of money from
Cooperative Bank Limited in Pune.
UIDAI Aadhar application hacked:
There was a major data breach of
personal record of 1.1 billion Indian Aadhar holder's. As per UIDAI, about 210
Indian Government’s websites were hacked causing breach of data of 1.1 Billion
Indians.
Official Maharashtra government website hacked In 2007, the official website of
Maharashtra government got hacked where police of cyber crime division got
involved in the case and tried to track down the hackers. In the result of
hacking, the http:/www.maharashtragovernment.in website remained blocked for a
day.
Official website of IRCTC hacked The official website of IRCTC got hacked which resulted the
risk to put personal information of 1 crores of customer at stake.
SONY.SAMBANDH.COM CASE[10]:
India saw its first cybercrime
conviction recently. It all began after a complaint was filed by Sony India
Private Ltd, which runs a website called www.sony-sambandh.com, targeting Non
Resident Indians. The website enables NRIs to send Sony products to their
friends and relatives in India after they pay for it online. The company
undertakes to deliver the products to the concerned recipients. In May 2002,
someone logged onto the website under the identity of Barbara Campa and ordered
a Sony Colour Television set and a cordless head phone. She gave her credit
card number for payment and requested that the products be delivered to Arif
Azim in Noida. The payment was duly cleared by the credit card agency and the
transaction processed. After following the relevant procedures of due diligence
and checking, the company delivered the items to Arif Azim. At the time of
delivery, the company took digital photographs showing the delivery being
accepted by Arif Azim. The transaction closed at that, but after one and a half
months the credit card agency informed the company that this was an
unauthorized transaction as the real owner had denied having made the purchase.
The company lodged a complaint for online cheating at the Central Bureau of
Investigation which registered a case under Section 418, 419 and 420 of the
Indian Penal Code. The matter was investigated into and Arif Azim was arrested.
Investigations revealed that Arif Azim, while working at a call centre in Noida
gained access to the credit card number of an American national which he
misused on the company’s site.The CBI recovered the colour television and the
cordless head phone. In this matter, the CBI had evidence to prove their case
and so the accused admitted his guilt. The court convicted Arif Azim under
Section 418, 419 and 420 of the Indian Penal Code — this being the first time
that a cybercrime has been convicted. The court, however, felt that as the
accused was a young boy of 24 years and a first-time convict, a lenient view
needed to be taken. The court therefore released the accused on probation for
one year. The judgment is of immense significance for the entire nation.
Besides being the first conviction in a cybercrime matter, it has shown that
the the Indian Penal Code can be effectively applied to certain categories of
cyber crimes which are not covered under the Information Technology Act 2000.
Secondly, a judgment of this sort sends out a clear message to all that the law
cannot be taken for a ride.
YAHOO
V. AKASH ARORA[11]:
It was
one of the earliest examples of cybercrime in India. The defendant, Akash Arora,
was accused of utilizing the trademark or domain name ‘yahooindia.com,’ and a
permanent injunction was sought in this case.
THE BANK NSP CASE:
The Bank NSP case is the one where a
management trainee of the bank was engaged to be married. The couple exchanged
many emails using the company computers. After some time the two broke up and
the girl created fraudulent email ids such as “indianbarassociations” and sent
emails to the boy’s foreign clients. She used the banks computer to do this.
The boy’s company lost a large number of clients and took the bank to court.
The bank was held liable for the emails sent using the bank’s system.
ANDHRA PRADESH TAX CASE:
Dubious tactics of a prominent
businessman from Andhra Pradesh was exposed after officials of the department
got hold of computers used by the accused person. The owner of a plastics firm
was arrested and Rs 22 crore cash was recovered from his house by sleuths of
the Vigilance Department. They sought an explanation from him regarding the
unaccounted cash within 10 days. 11 The accused person submitted 6,000 vouchers
to prove the legitimacy of trade and thought his offence would go undetected
but after careful scrutiny of vouchers and contents of his computers it
revealed that all of them were made after the raids were conducted. It later
revealed that the accused was running five businesses under the guise of one
company and used fake and computerised vouchers to show sales records and save
tax.
STATE OF TAMIL NADU V. SUHAS KATTI[12]:
It was determined that the accused
and the harasser had the same IP address. The proprietor of the Internet Café
provided testimony against the defendants as an eyewitness. The Additional
Chief Metropolitan Magistrate found the accused guilty of offences under Sections
469, 509 IPC, and Section 67 of the Information Technology Act, 2000 after
relying on the expert witnesses and other evidence presented before the court.
SUGGESTIONS:
·
Use
Anti-virus software and keep the software updated.
·
Use
strong passwords
·
Never
ever open attachments in spam emails.
·
Do
not unnecessary open spam emails or untrusted websites.
·
Unnecessary
don’t give personal information.
·
Don’t
share the OTP or any other Passwords to anyone.
CONCLUSION:
Success in any field of human
activity leads to crime that needs mechanisms to control it. Legal requirements
should provide customers comfort, strengthen law enforcement, and prevent
illegal activity. The legislation is strictly enforced, just how it should be.
There are no longer any geographical, temporal, or social bounds to crime.
Cyberspace leads to ethical, legal, and illegal wrongs. You may take easy
precautions like using the most recent hardware and software for your digital
requirements to safeguard your devices and data from cyber dangers. Also,
you'll need to take sophisticated precautions like setting up a firewall to
give an additional layer of security.
REFERENCE:
·
Talwant
Singh Addl. Distt. & Sessions Judge, Delhi, CYBER LAW & INFORMATION
TECHNOLOGY, Success in
any field of human activity leads to crime that need
(delhidistrictcourts.nic.in).
·
Majid
Yar, Cyber Crime & Society, 2006.
Article Information
A CRITICAL CHALLENGES IN CYBER SPACE AND LEGAL STUDY BY: C DHANALAKSMI
Authors: C DHANALAKSMI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/08/30
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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