Cyber Crime

Cyber Crimes

Cyber Crimes

Crime

Crime

•

• Mala in se & Mala in prohibitaMala in se & Mala in prohibita

•

• DefinitionDefinition

•

Computer Crime

Computer Crime

•• Computer crime encompass a broad range of Computer crime encompass a broad range of   potentially

 potentially illegal activitiesillegal activities.. •

• It may be divided into two categoriesIt may be divided into two categories

1

1.. CCrriimmees s tthhaatt targettarget computer networks or computer networks or 

devices directly

devices directly

2

2.. CCrriimmeess facilitated by computer facilitated by computer networks or networks or 

devices,

devices, the primary target of which isthe primary target of which is independent of the computer network 

independent of the computer network or or 

device device

Computer Crime

Computer Crime

E.g. of crimes that

E.g. of crimes that primarily target computer  primarily target computer  networks or devices

networks or devices

•

• Malware (malicious code)Malware (malicious code)

•

• Denial-of-service attacksDenial-of-service attacks

•

Computer Crime

Examples of crimes that merely use computer  networks or devices

• Cyber stalking

• Fraud and identity theft • Phishing scams

Cyber Crimes

• Credit card frauds • Cyber pornography

• Sale of illegal articles-narcotics, weapons, wildlife • Online gambling

• Intellectual Property Crimes- software piracy, copyright

infringement, trademarks violations, theft of computer source code • Email spoofing • Forgery • Defamation • Cyber stalking • Phishing • Cyber terrorism

Cyber & bad Purposes

• Vandalism

• Vigilantism

• Fraud

• Terrorism

• Warfare

Law & cyber crimes

• I.P.C • Cr.P.C • I.E.A

Arms Act

Online sale of Arms

Sec. 383 IPC Web-Jacking

NDPS Act Online sale of Drugs

Sec 416, 417, 463 IPC Email spoofing

Sec 420 IPC Bogus websites, cyber frauds

Sec 463, 470, 471 IPC Forgery of electronic records

Sec 499, 500 IPC Sending defamatory messages by email

Sec 503 IPC

Sending threatening messages by email

Computer Related Crimes under IPC and Special Laws

Power of Police to Investigate

 Sec.165 of Cr.P.C. : Search by police officer.  Sec.93 of Cr.P.C : General provision as to

search warrants.

 Sec.47 of Cr.P.C. : Search to arrest the accused.  Sec.78 of IT Act,2008 : Power to investigate

offences-not below rank  of Inspector.

 Sec. 80 of IT Act, 2000 : Power of police officer 

Power of Police to Investigate

 Sec.156 Cr.P.C. : Power to investigate cognizable

offences.

 Sec.155.Cr.P.C. :Power to investigate

non-cognizable offences.

 Sec.91. Cr.P.C. : Summon to produce documents  Sec.160. Cr.P.C. :Summon to require attendance

Information Technology Act

• History of the Act • Specifics of the Act • Essence of the Act

• The Information Technology (Amendment) Act, 2008

• Criticism

Contd.

• History of the Act

• Information Technology Act -2000 • Information Technology Act -2008

• Evolved over a period of time between 1998 to 2009

Specifics of the Act

• Information technology Act 2000 • Consisted of 94 sections

• Segregated into 13 chapters.

Contd.

• In the Act,2008

• there are 124 sections

• (excluding) 5 sections that have been omitted from the earlier version) and

• 14 chapters.

• Schedule I and II have been replaced • Schedules III and IV are deleted.

IT Act,2000

• Essence of the Act

• Information Technology Act 2000 addressed the following issues:

• Legal Recognition of Electronic Documents • Legal Recognition of Digital Signatures

• Offenses and Contraventions

Contd

.

• ITA 2008 as the new version of Information Technology Act 2000

• Provided additional focus on Information Security.

• It has added several new sections on offences including

• Cyber Terrorism and • Data Protection.

Contd

.

• The Information Technology (Amendment) Act, 2008

• The Government of India has brought major  amendments to ITA-2000 in form of the

Information Technology Amendment Act, 2008

Criticism

• The amendment was passed in an eventful Parliamentary session on 23rd of December  2008 with no discussion in the House.

• Lack of legal and procedural safeguards to  prevent violation of civil liberties of Indians

Appreciation

• It addresses the issue of Cyber Security.

• Sec 69: empowers the Central Government /State Government / its authorized agency

• intercept, monitor or decrypt any information generated, transmitted, received or stored in any

computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of 

India, defence of India, security of the State, friendly relations with foreign States or public order or for   preventing incitement to the commission of any

cognizable offence or for investigation of any offence.

Contd.

• The Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December  2008 and received the assent of President of India on 5th February, 2009. The IT Act 2008 has been

notified on Oct 27 2009

•  Notification under IT (Amendment) Act, 2008 • Enforcement of IT (Amendment) Act 2008

•  Notification of Rules under Section 52, 54, 69, 69A, 69B.

Mo Communication & I.T

• Is an Indian government ministry. • It contains three departments:

• Department of Telecommunications

• Department of Information Technology • Department of Posts

Department of Information Technology

• Department of Information Technology

• The newest department, the Department of Information Technology (DIT) regulates the various aspects of Indian information technology. The following are comprehensive functions of the DIT:

• Policy matters relating to Information Technology;

Electronics; and Internet (all matters other than licensing of  Internet Service Providers)

• Promotion of Internet, IT and IT-enabled services • Assistance to other departments in the promotion of 

e-governance, e-commerce, e-medicine, e-infrastructure, etc. • Promotion of I T education and Information Technology-based

Contd.

• Matters relating to Cyber Laws, administration of the

Information Technology Act 2000 (21 of 2000) and other  IT-related laws

• Matters relating to promotion and manufacturing of 

semiconductor devices in the country excluding all matters relating to Semiconductor Complex Limited Mohali; the

Semiconductor Integrated Circuits Layout Design Act, 2000 (37 of 2000)

• Interaction in IT-related matters with international agencies and bodies, e. g., Internet for Business Limited, Institute for  Education in Information Society and International Code

Council-on line

• Initiative on bridging the Digital Divide: matters relating to Media Lab Asia

• Promotion of standardization, testing and quality in IT and standardization of procedures for IT applications and tasks

CERT

The purpose of the

CERT-• for responding to computer security incidents as and when they occur;

• the CERT-In will also assist members of the Indian Community in implementing proactive measures to reduce the risks of computer 

Contd.

• Artifact analysis • Incident tracing • Proactive

• Issue security guidelines, advisories and timely advise. • Vulnerability analysis and response

• Risk Analysis

• Security Product evaluation • Collaboration with vendors

•  National Repository of, and a referral agency for, cyber-intrusions. • Profiling attackers.

• Conduct training, research and development.

• Interact with vendors and others at large to investigate and provide solutions for incidents.

CERT

• The Indian Computer Emergency Response Team • Operates under the auspices of, and with authority

delegated by, the Department of Information Technology,

• Ministry of Communications & Information

Technology, Government of India. Vide notification  published in Part II, Section 3, Sub-section (ii) of the

Gazette of India, Extraordinary, and Dated 27th October, 2009

Contd.

•  Network Security "

•  Network Security : An Introduction •  Networks Vulnerabilities

• Type of Threats/Attacks

• Assessing software and Network device vulnerabilities •  Network configuration Flaws

• Host Based Security

• Secure installation of hosts

• Patching up the latest vulnerabilities • Server Services security

• Authentication, authorization and Access control

• Firewall Secure Configuration – Replacing the default configurations with custom configurations

Cyber Crime Brief Description

• Cyber Stalking Stealthily Following a person, tracking his internet chats. 43, 65, 66

• Intellectual Property Crime Source Code Tampering etc. 65 • Pornography Publishing Obscene in Electronic Form 67 • Child Pornography Publishing Obscene in Electronic Form

involving children 67, 67 (2) under proposal

• Video Voyeurism Transmitting Private / Personal Video’s On internet and mobiles Proposed 72(3)

• Salami Attack Deducting small amounts from an account without coming in to notice, to make big amount 43, 65, 66

Contd.

• E-Mail BombinFlooding an E-mail box with innumerable number of E-mails, to disable to notice important message at times.66

• Phishing Bank Financial Frauds in Electronic Banking

Proposed data Protection Provisions under 43, 65, 66, 419 A

• Personal Data Theft Stealing personal data 43 (2)

• Identity Theft Stealing cyberspace identity information of  • individual66, 43

• Spoofing Stealing credentials using ,Friendly and familiar  GUI’ s Provisions Under 43, 65, 66 and 66

International Cooperation

in

International Nature

• Access/mobility of data fundamental to

economic systems

• Borders by-passed

• Exploitation by criminals & terrorists

 – data hidden abroad

 – hackers and viruses abroad  – economic criminals abroad  – illegal content abroad

 – communicate to plan

International Nature

• Minimal risk of detection and apprehension • Different national laws

• Crime is borderless but enforcement is constrained by borders

Harmonization of National Laws

• Common framework required

• But , no universal consensus of:

 –  types of “computer crime”  – set of procedural powers

 – specifics of definition or scope

Harmonization of National Laws

•  No truly international fora

• Problems regarding international cooperation inter-related with harmonization of substantive & procedural law

Inter-relation with procedural law

• International investigative powers are coextensive with domestic powers:

 – search or production of data  –  preservation of stored data  – collection of traffic data

 – interception of communications

Legal Framework for International

Cooperation

• Mutual legal assistance

 – scope of cooperation

 – mechanics of cooperation  – general obligations

 – specific investigative powers

• Extradition

 – dual criminality  – nationality

Computer security

• Passwords

• Firewalls

• Data Encryption

• Employees

• Web assurance services

• Computer contingency planning

Combating cyber crimes

• Technological measures-Public key

cryptography, Digital signatures ,Firewalls, honey pots

• Cyber investigation- Computer forensics is the  process of identifying, preserving, analyzing

and presenting digital evidence in a manner  that is legally acceptable in courts of law.