Cyber law is a field that is constantly changing thanks to the Internet. Cyber
law covers internet commerce, freedom of speech, intellectual property rights,
jurisdiction and choice of law, and privacy rights. A few examples of cybercrime
include credit card fraud, unauthorised access to computer systems, child
pornography, software piracy, and cyber stalking. Encryption and data security
are part of electronic commerce.
Defamation, obscenity laws, and censorship are
all examples of violations of the right to free speech. Copyright, software licencing, and trademark protection are all protected by intellectual property
rights. Who is in charge of creating and enforcing the laws controlling the
internet is the topic of jurisdiction. On the internet, privacy and data
protection are addressed by privacy rights. Cyber law still has a lot of
unresolved problems.
In developing nations like India, using mobile phones and
the internet to stalk, abuse, bully, frighten, and degrade women is all too
common. Furthermore, there has been a steady rise in cybercrime as a result of
men and women not using technology.
In order to provide a secure, safe space
where people can exercise their right to communicate without fear of abuse,
harassment, or violence, this research will touch on all of the significant
aspects of cybercrimes in a comprehensive manner. The study will also help India
develop its regulatory and legislative framework for cyber security.
Introduction
The emergence of a common area known as "cyberspace" is the result of the
convergence of computer networks and telecommunications made possible by digital
technology. It now serves as a hub for a vast array of human activities that
rely on the internet. The most active area in society nowadays is actually the
internet. More and more people are using the internet for things like
communication, business, banking, advertising, research, and entertainment.
Practically no human activity is unaffected by the internet.[1]
As a result, the
Internet has something to give to everyone, and it continues to grow and never
decrease. Humanity has received numerous gifts from cyberspace, yet these
advantages also carry some unanticipated risks. People with intelligence have
been badly abusing the element of the internet to perpetuate illegal acts in
cyberspace because of the anonymity of the internet, which makes it possible to
engage in a variety of criminal actions with impunity.
Pornography, gambling,
illegal drug and organ trafficking, hacking, copyright infringement, terrorism,
invasion of personal privacy, money laundering, fraud, software piracy, and
corporate espionage are just a few of the ways it is increasingly being utilised.[2]
Review of literature:
Books:
- Dr. Vishwanath Paranjape in his book "Legal Dimensions of Cyber Crimes and Preventive Laws with Special Reference to India"[3] the author has noted that the issue of cyber-crime has grown to enormous proportions and become a global problem as a result of the internet's and computers rapid development over the years in this book.
- R.K. Chaubey in his book "An Introduction to Cyber Crime and Cyber Law"[4] the author has emphasised the importance of the "right to privacy" in the digital age, claiming that new technology have increased the likelihood of privacy breach and given eavesdroppers new tools. As a result, personal privacy is more important than ever.
- Dr. M. Dasgupta in his book "Cyber Crime in India: A Comparative Study"[5] has well described the definition, nature, scope, traits, and components of cybercrimes. He has said in response to the magnitude of cybercrimes that "it is very important to emphasise that the world is not run by weapons, or energy, or money anymore."
- Vivek Sood in his book "Cyber Law Simplified"[6] In this era, cybercrime is the deadliest epidemic to affect our world. This work is crucial, especially for academics who view cyber law as just another social ill that has to be healed. It seeks to provide us a comprehension of cyber law. This book is divided into four sections: an analysis of the IT Act 2000; cybercrime; e-commerce; and intellectual property rights.
- Nandan Kamath in his book "Law relating to Computers, Internet and E- commerce: A Guide to Cyber Laws and the Information Technology Act, 2000"[7] has made comments on how "electronic evidence" is becoming more common in cybercrime trials. He has conducted extensive research on a number of topics, including the production and use of such evidences, video-conferencing, forensic computing, the best evidence rule, the admissibility and authenticity of electronic data, the burden of proof in cybercrimes, and other related topics.
- S.K. Verma and Raman Mittal in their book "Legal Dimensions of Cyber Space"[8] have outlined the fundamental ideas of the internet, including the history, development, benefits, and drawbacks of the internet as well as the many computer irritants like viruses, worms, and Trojan horses. They have emphasised the value of computers and the internet in daily tasks, saying that today it touches and influences almost every aspect of our lives. Computers are the engine of the information age that we are currently living in.
Articles:
- Behra, Abhimanyu in his article "Cyber Crime and Law in India"[9] has examined numerous cybercrime subtypes and offered preventative measures.
- Paranjape, Vishwanath in his article "Cyber Crime: A Global Concern",[10] emphasizes the international scope of cybercrimes and the demand for international action to reduce them.
- Tanaya Saha and Akancha Srivastava in their article "Indian Women at Risk in the Cyber Space: A Conceptual Model of Reasons of Victimization"[11] They have made an effort to discover the many causes of the fact that Indian women are victims, and they have suggested a conceptual model of Indian women's online victimisation.
- Shobhna Jeet "Cyber-crimes against women in India: Information Technology Act, 2000"[12] The Information Technology Act of 2000 was brought to light in a study of cybercrimes against women in India, and it was found that no explicit provisions exist to ensure the safety of women.
Scope of the study
The purpose of the study is to understand Indian cyber law and conduct a
critical comparative examination of cyber laws produced in other nations. From
both a theoretical and practical standpoint, the study is significant.
Theoretically, it demonstrates the judicial understanding of all the pertinent
information related cybercrimes. By defending the populace against numerous
cybercrimes, it amply illustrates how the legal system currently satisfies
contemporary needs. The study's findings would offer previously unidentified
criteria to assess the judicial and legislative philosophies in the subject
field.
The work's practical value rests in its potential to clear up any
confusion around cyber regulations among entities responsible for formulating
policy. Additionally, they may pass particular cyber laws addressing offences
against women.
Indian cybercrime laws and regulations: Specifically focusing on women's online
safety.
The sophistication of criminal activities on the Internet has been observed to
increase. Cybercriminals launch big attacks using large networks of commercially
leased, hijacked machines in addition to modest, targeted Internet strikes. In
addition, cybercrime is harder to investigate and causes more harm to society
than traditional crime. The last several years have seen an increase in the
severity, sophistication, and possible harm that cybercrimes may cause to
people, businesses, and even countries.
Because the perpetrators of these crimes
are anonymous and incur relatively minimal costs to carry out a cybercrime while
the cost of prevention is quite high, law enforcement agencies are having a
tough time monitoring and preventing crimes in cyberspace. Due to people's
increasing dependency on the internet, targets have multiplied dramatically.
Due to its rapid digitization and proliferation of mobile data without a
corresponding increase in cyber security and cyber hygiene, India is becoming
more and more susceptible to this threat. India presently has approximately 74
million Internet users, up 31% from March 2012, making it the third-largest
Internet user in the world after China and the United States. Its users are also
substantially younger than those of other rising nations.
When it comes to cybercrimes reported in India under the new Information
Technology Act, Andhra Pradesh (undivided), Karnataka, and Maharashtra have held
the top 3 spots. It's interesting to note that these three states collectively
account for more than 70% of India's IT and associated industry revenue. This
demonstrates unequivocally how significant an impact information technology has.
Both society and technology are functioning in a way that corresponds to the
rate at which each is developing. The world is evolving, new technology is
developing every day, and as a result, society is evolving at a faster rate.
The
development of information and communication technology has had an impact on all
aspects of human existence, including education, health, entertainment, and
communication. In this approach, it offers a number of benefits, including
enhanced productivity, more channels for communication through email, discussion
boards, and chat rooms, a positive motivational impact on learning and
knowledge, e-governance and citizen participation, increasing worldwide company,
and similar. The World of Information and Communication Technology (abbreviated
"ICT") is no exception to the adage that with every benefit comes a drawback.
Along with the many opportunities it has created, there are some difficulties as
well. In general, it has raised some serious issues, including privacy threats,
cultural overtones, a greater reliance on technology, a boycott of social
gatherings, computer viruses, malware, spam, phishing, and many more. The
proliferation of cybercrimes in the world today is one of the primary concerns
of the ICT era.
A number of nefarious acts, known as cyber crimes, have emerged as a result of
the remarkable advancements in ICT and the growing frequency of internet use for
various purposes. In plain English, cybercrime is a crime that technocrats
commit that is dependent on technology. According to statistics supplied by a
top security provider, which collated information on bot-infected computers
controlled by cybercriminals in various nations, India is currently rated third
in terms of cybercrime incidences behind the United States and China. According
to the Indian Computer Emergency Response Team (CERT-IN), there was a cybercrime
reported in India every 10 minutes in 2017.
Given the sharp rise in the number of cybercrimes recorded in recent years, it
is crucial and essential to learn the definition of the term and the many
categories of cybercrimes. Cybercrime is defined as any crime committed by the
unauthorised or unlawful use of information technology, electronic fraud, such
as data deletion, alteration, interception, concealment, forging, etc. As a
result of the global revolution in information and communication technologies (ICTs),
cybercrime is now a transnational crime. As more and more cybercrimes are
perpetrated every day, it is becoming increasingly difficult to distinguish
between them and more traditional crimes.
To overcome this difficulty, internet users are, deliberately or unknowingly,
falling prey to various forms of cyber-attacks. The following are the primary
categories into which cybercrimes are divided based on their nature and various
sorts of attacks.
Cybercrimes Against Individuals:
These are crimes against a person, as well as crimes against their property. The sending of harassing emails, stalking online, posting of pornographic content online, libel, hacking and other forms of indecent exposure are all examples of crimes committed against people. Computer vandalism, virus transmission, Internet intrusion, unauthorized control of a computer system, and hacking/cracking are a few examples of cybercrimes committed against an individual's property.
Cybercrime against the government:
Encompasses offenses against the federal, state, local, corporate, and individual governments. These offenses can be committed through hacking and cracking, by having access to unauthorized information, or by engaging in cyberterrorism against a government organization. These assaults also involve the distribution of illegal software.
Cybercrimes against Society:
These crimes don't just damage one person or one organization; they also have an impact on society as a whole.
Cybercrimes against Property:
Include credit card frauds, crimes involving intellectual property, and internet time theft, among other things. They include trafficking, indecent exposure to children, and pornography (particularly child pornography) that defiles the youth.
Cybercrime against women
Every society's social, economic, cultural, and political aspects are affected
by the use of cyberspace and its accompanying features of anonymity, both
favourably and unfavourably. The same advantages of anonymity and privacy,
however, also apply to those who use ICTs for criminal activities and use the
internet to commit violence against women. This is true even though the
cyberspace has created secure tools and spaces where women can enjoy their
freedom of expression, access to information, and privacy of communication.
In developing nations like India, it is evident that mobile phones and the
internet are used to stalk, abuse, and traffic, frighten, and degrade women. The
Information Technology Act of 2000, as revised in 2008, starts to address the
issue, however it does not directly address all cybercrime and cyber security
issues that affect people, particularly women.
Women are the worst victims of cybercrime; in one case, a student at a Delhi
school disseminated a cellphone video clip showing two other students having
sex, sparking a contentious discussion over women's privacy rights and even
forcing officials to outlaw mobile phones in schools.
One Indian woman is deceived into becoming a victim of cybercrime every second,
and the internet environment is a brand-new platform where a woman's protection,
privacy, and dignity are constantly being threatened. Indecent representation of
women in all its forms-trolling, abuse, threatening behaviour, stalking,
voyeurism, body-shaming, defamation, spying, revenge porn-is pervasive. While
the rules safeguarding women's security place a greater emphasis on preventing
bodily harm than mental harm, the effects of cybercrimes against women are more
mental than physical in nature.
It is true that there is no specific database of cybercrimes against women kept by India's National Crime Records Bureau (NCRB).
Some of the perpetrators who use technology to defame women send vulgar WhatsApp
messages, offensive e-mails, stalk them online through chat rooms and websites,
and worst of all, create pornographic videos, often without their permission,
spoof e-mails, and morph images for pornographic content using a variety of
online software.
Due to lack of knowledge about where to report such crimes or a lack of
seriousness on their part to do so because of the potential for social disgrace,
Indian women are unable to instantly report cybercrimes. They must extend their
perspectives and act as the whip to rein in such offenders by using force
against them, which entails filing an instant report.
The majority of issues can
be resolved if women report crimes right away and let abusers know that they
will face serious legal consequences. Cybercrimes start with fake IDs made on
social media sites like Facebook, Twitter, and others, seriously harming women
as offenders use these sites for email and messenger blackmail as well as
massive blackmail.
Men who have bad intentions do various cybercrimes, such as illicit gain,
vengeance, insulting a woman's modesty, extortion, blackmail, sexual
exploitation, defamation, inciting hatred against the community, prank
satisfaction of acquiring control, and information theft. Due to e-harassment,
some of the most significant and well-known cybercrimes have caused thousands of
women to experience a range of health problems, including depression,
hypertension, and anxiety.
Women also experience heart disease, diabetes,
thyroid conditions, and diabetes-related illnesses. If further research is done
on the etiology of the crimes, the reasons behind the perpetrators, "crime
hubs," and the nature and features of the victims and perpetrators, it may be
possible to adequately understand the victimisation of women in cyberspace and
the type of cyber-crimes that may happen to women.[13]
Among the most serious
cybercrimes:
- Women are the most probable targets of cyberstalking, which is on the rise. Cyberstalking is a technique for stalking someone online for abuse and harassment. Instead of making direct physical threats to a target, a cyber stalker observes their online behaviour to learn more about them and to intimidate them verbally. Cyberstalking is more widespread than physical stalking since it is less likely to be detected and because it is anonymous.
- Libel and defamation both fall under the umbrella of cyber defamation. It entails posting information on the subject on a website or disseminating it among victim's social networks or groups, which is a simple way to ruin a woman's reputation by causing her excruciating mental anguish and sorrow.
- Cyber pornography and morphing: Changing the original image to be used inappropriately is morphing, which is on the rise. Due to easy access to the internet, perpetrators can quickly download images of women from social media, WhatsApp, or other sources and publish altered versions of those images to websites like social media, pornographic ones, or those where they can register anonymously. Another hazard to women is cyber-pornography, which involves publishing pornographic content on websites that include pornography utilising computers and the internet. Women who engage in this activity aren't even aware that their own images are being used in such an unethical way.
- An email that appears to have come from one source but actually came from another is referred to as email spoofing. It could result in losses in money.
- Phishing: Phishing is the effort to get sensitive data, such as a login and password, with the purpose of obtaining personal data.
- Trolls incite conflict online by publishing inflammatory or off-topic statements in an online community (such as a newsgroup, forum, chat room, or blog) in an effort to elicit an emotional, distressing response from the target audience. Trolls are professional bullies that create a cold war atmosphere on social media by generating and exploiting bogus identifications. They are also difficult to track down.
Suhas Kutti v. State of Tamil Nadu
It was the first instance where the Information Technology Act of 2000 resulted
in a conviction. First, an Indian court found the defendant guilty of cybercrime.
Within seven months of filing the FIR, the court issued the ruling in 2004,
bringing about the conviction for the cybercrime. The order of conviction has
been issued by the Honourable Judge of the Additional Chief Metropolitan
Magistrate.
In one instance, the victim was a divorcee who was repeatedly
bothered by bothersome phone calls, assuming that she would seek them due to a
remark put on a Yahoo message board and then forwarded emails. The massage was
highly offensive, hurtful, and infuriating. The accuser turned out to be a
friend of her family who was interested in getting married.
In Fatima Riswana v. State Rep. by ACP., Chennai & Ors[14]
The district lady judge was spared the inconvenience of having to view some CDs
that are part of the evidence after the public prosecutor and the petitioners'
attorney jointly requested that the case be transferred to another (male) judge.
The trial would involve the accused exploiting women and using them in sexual
adventures, and since the evidence would be in the form of CDs and viewing them
during the trial would be necessary, the decision to transfer the case was made
because it would be embarrassing for a female presiding officer.
The new medium that has abruptly entered human civilization does not distinguish
between good and evil, between national and international, or between just and
unjust, but rather offers a stage for the activities that take place in human
society. Law, which controls how people behave, has entered the online world and
is attempting to navigate its many obstacles. E-Commerce Act, 1998, a piece of
legislation, was developed in India as a legal framework for the internet.
After that, the Information Technology Act, 2000, which was revised in 2008,
became the fundamental legal framework for transactions conducted in India's
cyberspace. The Indian Evidence Act of 1872, the Bankers Book Evidence Act of
1891, and the Reserve Bank of India Act of 1934 are among the statutes that have
been modified by the IT Act. The IT Act 2000 was put in place in India to combat
cybercrime, but the issue is that it still focuses more on paper than on
implementation because judges, prosecutors, police officers, and lawyers find it
difficult to comprehend the statute's extremely technical language.
Additionally, cybercrime is a global issue, not just one that India should be
concerned about, thus the entire globe must take action to stop this threat.
Limitation of the Study
The current study is limited to an analysis of India's domestic cyber security
laws. It also focuses on the judiciary's response to cybercrime and makes some
recommendations for corrective action to deter it. Additionally, the study's
focus is only on how women are affected by cyberviolence.
Conclusion
Over the past few years, India's cyber landscape has experienced technological
advancements that have had far-reaching effects and caused enormous disruptions.
On the one hand, these have facilitated smart policing, better healthcare, and
greater governance, while on the other; there has been an increase in cybercrime,
fraud, and data theft. Cyberstalking, cyberbullying, cyberextortion, child
pornography, and other illegal activities have increased as a result of the
repeated criminalization of the internet.
The main characters have advanced from
being opportunistic individuals to organised criminal organisations that provide
cybercrime as a service through the dark net for a low price. A well-considered
and efficient cybercrime management strategy must be developed to combat these
new generation cybercriminals. A paradigm shift in policing is required if the
law enforcement authorities are to prevail in this conflict. With the proper
balancing act of upskilling and upgrading the three pillars-people, processes,
and technology-the focus needs to shift from conventional to current techniques.
To stop the growing criminal underworld, predictive policing is required. To
coordinate the actions of all agencies against these faceless and borderless
foes operating across time zones, policy adjustments at the national and
international levels are necessary. To provide a flexible framework for carrying
out efficient cybercrime management, greater cooperation is required.
Cybercrimes can be effectively controlled with the help of improved public
awareness, quick reaction mechanisms, technical augmentation, and capacity
building of law enforcement officials. Law enforcement personnel must have
access to tools and technology like big data analytics, artificial intelligence,
robotic process automation, and blockchain in addition to international
cooperation if they are to stay ahead of cybercriminals.
Bibliography
Books
- Farooq Ahmad, Cyber Law in India- Law on Internet, 367(New Era Publication, Delhi, 2008).
- M. Dasgupta, Cyber Crime in India, A Comparative Study, 8(Eastern Law House, 1st Edn, 2016).
- Dr.Vishwanath Paranjape, Legal Dimensions of Cyber Crimes and Preventive Laws with Special Reference to India, (Central Law Agency Publication, 2010).
- R.K. Chaubey, An Introduction to Cyber Crime and Cyber Law, (Kamal Law House Publication, 2009).
- Dr. M. Dasgupta, Cyber Crime in India: A Comparative Study, (Eastern Law House Publication, 2009).
- Vivek Sood, Cyber Law Simplified, (Tata McGraw-Hill Education, 2001).
- Nandan Kamath, Law relating to Computers, Internet and E-commerce: A Guide to Cyber Laws and the Information Technology Act, 2000, (Universal Law Publishing Co., 2009).
- S.K. Verma and Raman Mittal, Legal Dimensions of Cyber Space, (Indian Law Institute Publication, 2004).
Articles (journals)
- Behra, Abhimanyu, "Cyber Crime and Law in India", IJCC, p. 16-30 (2010).
- Paranjape, Vishwanath, "Cyber Crime: A Global Concern", pp. 20-27, IPJ, Jul.-Sep. (2007).
- Tanaya Saha and Akancha Srivastava, "Indian Women at Risk in the Cyber Space: A Conceptual Model of Reasons of Victimization", IJCC, Vol 8, Issue 1, January - June (2014).
- Shobhna Jeet, "Cyber-crimes against women in India: Information Technology Act" pp. 8891-8895, ECLJ 47, (2012).
- Dhruti M Kapadia, "If there is cybercrime, women start reporting right now" (2008) Available at www.livelaw.in/cyber-crimes-against-women-and-laws-in-india/
End Notes
- Farooq Ahmad, Cyber Law in India- Law on Internet, 367(New Era Publication, Delhi, 2008).
- M. Dasgupta, Cyber Crime in India, A Comparative Study, 8(Eastern Law House, 1st Edn, 2016).
- Dr.Vishwanath Paranjape, Legal Dimensions of Cyber Crimes and Preventive Laws with Special Reference to India, (Central Law Agency Publication, 2010).
- R.K. Chaubey, An Introduction to Cyber Crime and Cyber Law, (Kamal Law House Publication, 2009).
- Dr. M. Dasgupta, Cyber Crime in India: A Comparative Study, (Eastern Law House Publication, 2009).
- Vivek Sood, Cyber Law Simplified, (Tata McGraw-Hill Education, 2001).
- Nandan Kamath, Law relating to Computers, Internet and E-commerce: A Guide to Cyber Laws and the Information Technology Act, 2000, (Universal Law Publishing Co., 2009).
- S.K. Verma and Raman Mittal, Legal Dimensions of Cyber Space, (Indian Law Institute Publication, 2004).
- Behra, Abhimanyu, "Cyber Crime and Law in India", IJCC, p. 16-30 (2010).
- Paranjape, Vishwanath, "Cyber Crime: A Global Concern", pp. 20-27, IPJ, Jul.-Sep. (2007).
- Tanaya Saha and Akancha Srivastava, "Indian Women at Risk in the Cyber Space: A Conceptual Model of Reasons of Victimization", IJCC, Vol 8, Issue 1, January - June (2014).
- Shobhna Jeet, "Cyber-crimes against women in India: Information Technology Act" pp. 8891-8895, ECLJ 47, (2012).
- Dhruti M Kapadia, "If there is cybercrime, women start reporting right now" (2008) Available at www.livelaw.in/cyber-crimes-against-women-and-laws-in-india/
- AIR 2005 712
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