III. Need of CyberLaws & Awareness: information technology has spread throughout the world. The computer is used in each and every sector wherein cyberspace provides equal opportunities to all for economic growth and human development. As the user of cyberspace grows increasingly diverse and the range of online interaction expands, there is expansion in the cybercrimes i.e. breach of online contracts, perpetration of online torts and crimes etc. Due to these consequences there was need to adopt a strict law by the cyber space authority to regulate criminal activities relating to cyber and to provide better administration of justice to the victim of cyber crime. In the modern cyber technology world it is very much necessary to regulate cybercrimes and most importantly cyber law should be made stricter in the case of cyber terrorism and hackers. Mostly peoples don’t know about cyber crime/cyberlaws. so today’s need to aware the society about cybercrimes and cyberlaws.
Abstract: India places fourth rank in cybercrimes in out of the top 10 most targeted countries by cyber attackers. The defenders are facing a lot of threats from these criminals via Internet. As Cyber-crime is an illegal activity and are continuously increasing in India for financial loot. As Indian society are totally & blindly dependent on Internet without any precaution and required knowledge & education. These cybercriminals do their work quietly and smartly to access web users’ private details over the internet. The motive of cybercriminal is intentionally harms the reputation of victim by using modern telecommunication network and mobile phones. Now the maximum uses of internet, the area of cybercrime is massive that include not hacking and cracking but also include extortion, child pornography, money laundering, fraud, software pirating, and corporate espionage etc. and many more. They threaten a person or a nation and a government and business organization to access theirs prosperity. India is combatting to such problem and imposing some strict law that is not familiar with in the Indian society. In this paper we want to impose the awareness to society against these hidden criminals so that they do not share easily and frequently theirs private details over the internet without any knowledge and also want to aware cyberLaws and articles.
Both the experts felt that the security measures taken by banking and companies are not much impactful. “Honestly nothing on internet is safe. Banking verifications and sessions inquiry has been processing but when it is linked with other online website, it can be hacked very easily” opines expert 1. As mentioned earlier, irrespective of safety measures, if an individual is not aware of how to deal with personal information that he/she share in internet or public domains, there is a chance of getting cheated. The experts delineated on the new trending concept called ‘Ethical Hacking’, which has a great scope to address the concerns related to cybercrimes and to have a secured cyber world. The ethical hackers, on behalf of owners or organizations attempts to penetrate a computer system or networks to counter attack the hackers, to find out security vulnerabilities which can be exploited by the hackers. Thus, the experts in the interview insisted on the role of government in initiate proper mechanisms to train and produce more and more ethical hackers for a holistic approach of cyber security.
where Sony India Private Limited filed a complaint that runs a website referred to as www.sony-sambandh.com targeting the NRIs. The website allows 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 involved recipients. In May 2002, somebody logged onto the web site underneath the identity of Barbara Campa and ordered a Sony colour television set and a cordless head phone. She requested to deliver the product to Arif Azim in Noida and gave the number of her credit card for payment. The payment was accordingly cleared by the credit card agency and the transaction processed. After the related procedures of dues diligence and checking, the items were delivered to Arif Azim by the company. When the product was delivered, the company took digital pictures so as to indicate 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 had filed a complaint for online cheating at the CBI that registered a case under the Section 418, Section 419 and Section 420 of the IPC (Indian Penal Code). Arif Azim was arrested after the matter was investigated. Investigations discovered that Arif Azim, whereas acting at a call centre in Noida did gain access to the number of the credit card of an American national which he misused on the company’s site. The CBI recovered the color television along with the cordless head phone. In this matter, the CBI had proof to prove their case so the accused admitted his guilt. The court had convicted Arif Azim under the Section 418, Section 419 and Section 420 of the IPC, this being the first time that a cybercrime has been convicted. The court, felt that since the defendant was a boy of 24 years and a first- time convict, a compassionate view needed to be taken. Thus, the court discharged the defendant on the probation for one year.
Cyber crime is a generic term that refers to all criminal activities done using the medium of computers, the Internet, cyber space and the worldwide web. There isn‟t really a fixed definition for cyber crime. The Indian Law has not given any definition to the term „cyber crime‟. In fact, the Indian Penal Code does not use the term „cyber crime‟ at any point even after its amendment by the Information Technology (amendment) Act 2008, the Indian Cyber law. But “Cyber Security” is defined under Section (2) (b) means protecting information, equipment, devices computer, computer resource, communication device and information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction. 1.3 What is Cyber Law? 5
It is an exploratory research with quantitative analysis through interview schedules. In 2010 a baseline survey was conducted in India on cyber victimization (Debarati and Jaishankar, 2010). Researcher used the questioner of baseline after necessary amendments in context of Pakistan for current study. A sample of 100 respondents (B: 50 & G: 50) through purposive sampling from various departments of University of Sindh Jamshoro were selected. All respondents were computer literate and used to spend minimum 02 hours daily on social networking sites. The age of respondents were vary due to their session years but all samples were belonged to 18 to 24 years age.
The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in national capitals. In most countries around the world, however, existing laws are likely to be unenforceable against such crimes. This lack of legal protection means that businesses and governments must rely solely on technical measures to protect themselves from those who would steal, deny access to, or destroy valuable information. Self-protection, while essential, is not sufficient to make cyberspace a safe place to conduct business. The term cyber crime subsumes many different activities. Here focus is given on ―unauthorized access‖ crimes and ―unauthorized disruption‖ crimes viruses, worms, logic bombs, Trojan horses, distributed denial of service attacks, etc. These are crimes committed by computers via the internet that illegally access or harm files and programs on other computers. Our goal is to investigate if Internet and mobile technology can increase reporting of committed crimes to law enforcement. This study is a first step and we investigate whether or not people would use the Internet to report crime.
It is not just a theoretical treatise but a danger in prevalence. Why is it that nowadays people have continuously updated anti-virus software available? Why is it that they always require re- assured authentication before using the internet? Why do they need passwords? Why was CERT (Computer Emergency Response Team) formed? Fruit for thought, it is inferred that these have all occurred in the wake of numerous computer attacks that have caused severe consequences. There is a mighty battle going on between network security experts and attackers, but in the case of networking unfortunately the attackers are steps ahead and this trend may continue in the days to come. How can these attacks be categorised? Thieves, robbers, spies? Do they fall in the same category as that of physically committed crimes? The government of every country across the globe has responded by setting laws for prosecution of these ‘cyber criminals’. In addition, laws in this regard are being updated each and every day. However, cyber-criminals learn new, sophisticated and precise methods to attack, which affect us all including the government.
Cyberlaws cover the legal aspects of information exchange. Every country has designed their own rules & regulations to fight against cybercrimes. Many people don’t know what should they do when they face cyber crime. And many don’t even know while committing that it’s against law. Any type of security breaching against the defined protocols is known as cyber crime. In India, Information technology Act 2000 addressed the cybercrimes.
Computers, Mobile phones and the Internet have become part of our life. As most human activities are part of computer and mobile networks, many traditional crimes have also changed their modus operandi and certain new crimes have come into existence. Most of these instruments permit their users a high degree of privacy. The technology does not distinguish between use and misuse, cyber criminals enjoy privacy too. The internet is a global medium while laws are mostly local. This makes investigation agencies difficult to find jurisdiction when a cyber crime originated out from a different country.
When any crime is committed over the Internet it is referred to as a cyber-crime. There are many types of cyber-crimes. The growing danger from crimes committed against computers, or against information on computers, is beginning to draw attention worldwide. In most countries around the world, however, existing laws are likely to be unenforceable against such crimes. This lack of legal protection means that users and governments must rely solely on technical measures to protect themselves from those who would steal, deny access to, or destroy valuable information. This study showed that cyber terrorism, online phonography, and piracy are rare cyber- crimes experienced by both internet users and cyber café operators in the north-eastern Nigeria. The most commonly experienced crimes include: hacking, malware, spamming botnets, phishing, social engineering and cyber stalking. Others are web jacking, password sniffer, denial of service among other cyber-crimes.
Negligence is very closely connected with human conduct. It is therefore very probable that while protecting the computer system there might be any negligence, which in turn provides a cyber criminal to gain access and control over the computer system. This negligence is usually a property of under resourced IT security provisions and the improvement of security barriers within software packages and network structures could lead to improved security.
Even the fundamental right "to freedom of speech and expression" enumerated in Article 19(1)(a) 13 comes with reasonable restrictions imposed by State relating to (i) defamation; (ii) contempt of court; (iii) decency or moral (iv) security of the State; (v) friendly relations with foreign states; (vi) incitement to an offence; (vii) public order; (viii) maintenance of the sovereignty and integrity of India. Thus, the right to privacy is limited against defamation, decency or morality.
Internet governance (IG) concentrates on the application of new information and communication technologies and techniques to traditional or new practices of government also identifying opportunities and constraints on deployment with governmental authority. (What is Internet Governance and Where Does it, 2005). The Internet governance was introduced in the World Summit on the Information Society (WSIS) process and the development of principles, norms and programs that shape the evolution and the uses of the internet. The complexity of implementing Internet Governance regime that is issued, which involve five dimensions to internet issues such as infrastructure, Legal, Economic, Development, and Socio-cultural. Thus, many actors play a role in each these dimensions both in the private and public sector, which includes civil society activities and etc. However, with new cognitive tools that can reduce the complexity and help to introduce or create common approaches system with guiding principles. (Internet Governance issues, Actors and Divided, 2005). The cybercrimes cover any criminal act dealing with computers, networks and Internet. Regularly, most of cybercrimes involved the use of a specific malware system that controls computer networks in the region. Most of the perpetrators of cyber crime are from outside the United Arab Emirates so to reduce the cybercrimes; we must cooperate with other international agencies from all over the world. (Menting, 2015)
Due to the problems that dwell with the increases for e-government service both internal and external activities in Nusajaya ICT, this study expresses risk of e- government services and security methods that is used today. The e-government security service is a process of measuring security to e-government service and keeps track on user’s demand and government online performance.
easy to theft millions of currency from the bank accounts. Cyber depravity could also contain non-financial offenses, such as developing and delivered tiny or abundant programs composed by programmers called virus on different computers or entering secret business information on the World Wide Web (internet). A valuable form of cyber depravity is identity looting or identity theft, in which convict use the net to theft personal data from other users. Miscellaneous categories of social sites are used for this intention to recognize the identity of curious peoples. There are 2 methods this is accomplished-
Cyberspace is virtual world where everything is present but no one present, in other words we can also say it is a world of fictitious bodies, who enter do work , play, chit chat and go away but not physically. This fast moving nowhere present world is now effecting the present moving world and the effect is so deep that the present world’s entire crime can actually be performed in virtual world. But a very big question arises that how to control this crime, as neither the crime nor the criminal is traceable easily being virtual. Another big issue is that which law shall be applied whether new law for new crime or old tested law for virtual world crime. In India for dealing traditional crimes Indian Penal Code, 1860 is sufficient and for cyber crime where computer is either tool or target Information Technology Act, 2000 is present. The author has tried to deal with all the issues in detailed manners which are raised here. Author has also dealt with some new types of cybercrime which are upcoming in today’s world.
The IT act protects credit data which is one of the personal data aspects. Hence unauthorised use or transfer of data or information should only be used to identify the credit worthiness of the customer and should be processed further. Any part of legislation is not sufficient and hence a comprehensive and complete data protection Act is needed in India where information Technology Act, 2000 is not a data or privacy related act as it does not have all the principles of the data protection and privacy. The IT Act, 2000 is a generic Act which has concentrates on things like the digital signatures, cyber contraventions and offences, e-governance, confidentiality. It is mistaken and is wrongly compared to the European Directive on Data Protection (EC/95/46), OECD Guidelines on the protection of Privacy and Transborder Flows of Personal Data and the Safe Harbour Approach of the US. The fact is that the IT Act, 2000 deals with the issue of the Data Protection and privacy in a partial way. There is a lack of actual framework in the IT Act, 2000 wherein the Data Protection Authority and quality and transparency of the data are considered. Even if the IT Act, 2000 adopts some new amendments still there would be a lack of the actual framework for data protection and privacy that should match the EU directive, OECD Guidelines or the Safe Harbour Principles.
the rapidly-changing situations, given that diverse entities are involved in cyberspace with their own security measures. Thus, it is meaningful to build an information-sharing mechanism that is multi-layered, consisting of multiple layers including technology, law enforcement, policy and diplomacy. In particular, it is important to develop cooperation among Computer Emergency Response Teams (CERTs), which are responsible for operational responses, such as detecting cyber incidents, analysing malwares and IP addresses and taking actual responses; cooperation among law enforcement agencies which exercise investigative authorities and are responsible for preventing further damage; cooperation at the policy level which would facilitate quick understanding of the overall picture of an incident and necessary policy responses; information-sharing at the diplomatic level to avoid unexpected escalation into potential conflict; and cooperation among researchers engaged in research and development on leading-edge technology. Indian Government should actively work toward establishing a multi-layered global mechanism for information-sharing and will enhance its preparedness for the event of cyber incident. 12.3. Appropriate Response to Cybercrime International cooperation needs to be strengthened in order to
Cyber crime continues to deviate down different paths with each novel Year that passes and so does the security of the information. The newest and disturbing technologies, along with the new cyber tools and threats that come to light each day, are challenging organizations with not only how they secure their infrastructure, but how they require new platforms and intelligence to do so. There is no proper solution for cybercrimes but using recent techniques to minimize the cyber crime in cyber space.