CYBER CRIME IN INDIA
Cyber laws govern all aspects of cyber space. Cyber laws are important as they cover almost all aspects of transactions and activities involved regarding the internet, World Wide Web and cyberspace. Most importantly, cyber law deals with cyber crime, electronic or digital signature, intellectual property, data protection and privacy.
Neither Information Technology Act, 2000 (IT Act) nor National Cyber Security Policy 2013 defines ‘Cyber Crime’, so it can be simply referred as combination of crime and computer as it is any crime done using a computer and telecommunication technology.
Categories of Cyber Crime
- Against a Person – Cyber stalking, impersonation, loss of privacy, impersonation, transmission of obscene material
- Against Property – Unauthorized computer trespassing, computer vandalism, transmission of harmful programmes, siphoning of funds from financial institution,stealing secret information & data, Copyright.
- Against Government – Hacking of Government websites, cyber extortion, cyber terrorism, computer viruses
THE INFORMATION TECHNOLOGY ACT, 2000 (IT ACT)
The Act provides legal recognition to electronic commerce and to facilitate filing of electronic records with the Government. Its objective is to provide legal recognition for transaction, to facilitate electronic filing of documents with the Government agencies, and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker’s Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934.
Important Cyber Law Provisions under IT Act
- Section 43 – Tampering with Computer source documents (without the permission of in charge)
- Section 66 – Hacking with Computer systems, Data alteration
- Section 67 – Publishing obscene information
- Section 70 – Un-authorized access to protected system
- Section 72 – Breach of Confidentiality and Privacy
- Section 73 – Publishing false digital signature certificates
INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008
The 2008 amendment provided additional focus on Information Security, added several new sections on offences including Cyber Terrorism and Data Protection. Furthermore, Schedule I and II have been replaced & Schedules III and IV have been deleted.
- Digital signature has been replaced with Electronic signature.
- Section 67 of the old Act was amended.
- Sections 66A to 66F prescribes punishment for obscene electronic message transmissions & cyber terrorism.
- Amended section 69 gives power to the state. Ø
- Sections 69 A and B, grant power to the state to direct blocking for public access of any information through any computer resource.
CYBER CRIMES FAQs
It refers to the theft in a manner where the unauthorized person uses internet hours paid by another person. The authorized person gets access to another person’s ISP user ID and password, either by hacking or by illegal means without that person’s knowledge.
The cyber-criminal calls the victim by posing to be a bank representative or call center employee, thereby fooling them to disclose crucial information about their personal identity.
The spoofed e-mail is one which shows its origin to be different from where it actually originated. In SMS spoofing, the offender steals identity of another person in the form of phone number and sending SMS via internet and the receiver gets the SMS from the mobile number of the victim.
It uses fake email-ids or messages containing viruses affected websites. These infected websites urge people to enter their personal information such as login information, account’s information.
The persons known as hackers unscrupulously break into the information contained in any other computer system. Section 66 deals with the offence of unauthorized access to the computer resource and defines it as “Whoever with the purpose or intention to cause any loss, damage or to destroy, delete or to alter any information that resides in a public or any person’s computer. Diminish its utility, values or affects it injuriously by any means, commits hacking.” The offence of hacking is a violation of one’s fundamental right to privacy as provided by the Constitution. It is a method wherein viruses or worms like malware divert information from another computer system by decrypting it to the hacker who after obtaining the information either use it themselves or give it to others to commit fraud using such information.
Identity theft pertains to illegally obtaining of someone’s personal information which defines one’s identity for economic benefit.
- USB drive
- Portable hard drive
- Devices using memory cards, PDAs
- Remote sharing
- Malware attack
Data theft is the illegal transfer or storage of any information that is confidential, personal, or financial in nature, including passwords, software code, or algorithms, proprietary process-oriented information, or technologies.