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By K. VINOTHINI. G. DIVYA.
CYBER LAW
What is Cyber Law?
Cyber Law is the law governing cyber space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc), the internet, websites, emails and even electronic devices such as cell phones, ATM machines etc. Law encompasses the rules of conduct: 1. that have been approved by the government, and 2. which are in force over a certain territory, and 3. which must be obeyed by all persons on that territory. Violation of these rules could lead to government action such as imprisonment or fine or an order to pay compensation. Cyber law encompasses laws relating to: 1. Cyber Crimes 2. Electronic and Digital Signatures 3. Intellectual Property 4. Data Protection and Privacy
4. Cyberspace is absolutely open to participation by all. A tenyear-old in Bhutan can have a live chat session with an eightyear-old in Bali without any regard for the distance or the anonymity between them.
5. Cyberspace offers enormous potential.
2000
amended by the Information Technology (Amendment )Act, 2008. Extends to whole of India and also applies to any offence or
Contents of IT act
Penalties and adjudication for various offences involving computers, computer systems and computer networks.. Imprisonment and fine for various cybercrimes defined.. Various cyber offences defined.. Cyber offences to be investigated only by a Police Officer not bellow the rank of the Inspector (now), Deputy Superintendent of Police(earlier).
CYBER CRIME
It is a CRIMINAL activity committed on the internet. This is a broad term that describes everything from Electronic cracking to denial of service attacks that cause electronic commerce sites to lose money.
Cyber crimes
Web jacking
Hacking
Information Theft
E-mail bombing
Salami attacks
Trojan attacks
Cyber Bullying Harassment, or cyber bullying, is a growing problem among teenagers. Many countries in Europe and several states in the United States have laws to punish those who consistently harass somebody over the Internet. Drug Trafficking
Believe it or not, drug trafficking is happening over the Internet. Many traffickers use encrypted email or password-protected message boards to arrange drug deals.
Cyber Terrorism
There are many forms of cyberterrorism. Sometimes it's a rather smart hacker breaking into a government website, other times it's just a group of like-minded Internet users who crash a website by flooding it with traffic. No matter how harmless it may seem, it is still illegal.
Piracy
Far and away the most talked about form of cyber crime is thievery. Yes, downloading music from peer-to-peer websites is illegal and therefore a form of cyber crime.
Penalties
On first conviction - imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees. Second or subsequent conviction imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Punishment
imprisonment up to three years, and / or fine up to Rs. 2 lakh
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Punishment
On first conviction imprisonment of either description up to five years and fine up to Rs. 1 lakh On subsequent conviction imprisonment of either description up to ten years and fine up to Rs. 2 lakh
Section covers
Internet Service Providers, Search engines, Pornographic websites
Person in charge of the computer resource fails to extend all facilities and technical assistance to decrypt the information-punishment upto 7 years.
Web-Jacking
Online sale of Arms
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Case: Phishing
With the tremendous increase in the use of online banking, online share trading and ecommerce, there has been a corresponding growth in the incidents of phishing being used to carry out financial frauds. Phishing involves fraudulently acquiring sensitive information (e.g. passwords, credit card details etc) by masquerading as a trusted entity.
Scenario 1: The victim receives an email that appears to have been sent from his bank. The email urges the victim to click on the link in the email. When the victim does so, he is taken to a secure page on the banks website. The victim believes the web page to be authentic and he enters his username, password and other information. In reality, the website is a fake and the victims information is stolen and misused. The law Sections 43 and 66 of Information Technology Act and sections 419, 420 and 468 of Indian Penal Code. Who is liable? All persons involved in creating and sending the fraudulent emails and creating and maintaining the fake website. The persons who misuse the stolen or phished information are also liable. The motive Illegal financial gain. Modus Operandi The suspect registers a domain name using fictitious details. The domain name is usually such that can be misused for spoofing e.g. Noodle Bank has its website at www.noodle.com The suspects can target Noodle customers using a domain name like www.noodle-bank-customerlogin.com The suspect then sends spoofed emails to the victims. e.g. the emails may appear to come from info@noodle.com The fake website is designed to look exactly like the original website.
February 2012
Why India?
A rapidly growing online user base
121 million internet users 65 million active internet users, up 28% from 51 million in 2010 50 million users shop online on ecommerce and online shopping sites 46+ million social network users 346 million mobile users had subscribed to data packages
Source: IAMAI; Juxt; wearesocial 2011
What kind of
cybercrimes?
The majority of cybercrimes are centered on forgery, fraud and phishing India is the third-most targeted country for phishing attacks after the US and the UK Social networks as well as ecommerce sites are major targets 6.9 million bot-infected systems in 2010 14,348 website defacements in 2010 6,850 .in and 4,150 .com domains were defaced during 2011 15,000 sites hacked in 2011 India is the number 1 country in the world for generating spam
Why are so few cases are reported and does that mean the legislation is inadequate?
233 persons were arrested in 2010 33% of the cases registered were related to hacking
Source: National Crime Records Bureau
Recommendations
1. Firms should secure their networked information. 2. Governments should assure that their laws apply to cyber crimes. 3. Firms, governments, and civil society should work cooperatively to strengthen legal frameworks for cyber security.
http://www.cyberlawsindia.net/
http://dict.mizoram.gov.in/uploads/attachments/cyber_crime/intro-indian-cyberlaw.pdf http://www.iibf.org.in/documents/Cyber-Laws-chapter-in-Legal-Aspects-Book.pdf
E Contract: http://dict.mizoram.gov.in/uploads/attachments/cyber_crime/electroniccontracts.pdf