In the digital era, Information Technology (IT) is pivotal, reshaping human life
and introducing social, political, and ethical challenges, especially in
cyberspace. Cybercrime, a significant concern, involves offenses like security
breaches, information theft, and mobile exploits. As IT advances, so does the
sophistication of cybercriminals, while legal frameworks lag, often reacting
inadequately. Cybersecurity, involving technologies, processes, and policies,
aims to defend against cyberattacks, protecting systems, networks, and data.
This research paper explores the interplay between cybersecurity and law,
highlighting ethical, social, and legal dimensions of cybercrime. It emphasizes
the need for user awareness and robust legal strategies to address the dynamic
nature of cyber threats. The study aims to contribute to the discourse on
combating cybercrime and enhancing digital resilience, advocating for a balance
between technological progress and strong legal protections to ensure a secure
and ethical digital environment.
Introduction
[1]Cybercrime, the use of a computer as an instrument to further illegal ends,
such as committing fraud, trafficking in child pornography and intellectual
property, stealing identities, or violating privacy.
Cybercrime is a serious concern in the current digital era. It may take down
entire networks in a matter of seconds, compromise military data, interfere with
vital infrastructure, and deceive transportation systems. The philosophical
field of ethics, which deals with what is right and wrong, encompasses a number
of areas, including business ethics, legal ethics, bioethics, medical ethics,
engineering ethics, and most notably, computer ethics. As technology has
advanced, ethical issues in cyberspace have gained importance, especially in
light of the rise in cybercrimes. Cybercrime includes a broad spectrum of
illegal actions involving computers
Ethical issues in cyberspace have grown in significance with the emergence of
cybercrimes, which comprise a broad spectrum of illicit actions made feasible by
computers or networks. In the digital age, cybercrime poses a serious threat
since it has the ability to quickly and severely damage infrastructure,
compromise data, and disrupt global networks. In order to understand and counter
the increasing cyber risks in India, this report examines the country's current
legal frameworks as well as the urgent need for robust cybersecurity measures.
Crime has been interpreted historically and has reflected societal goals from
prehistoric religious readings to mediaeval intellectual viewpoints. Both
benefits and new avenues for criminal activity are brought about by modern
technology, particularly in relation to data breaches and online crimes like
identity theft.
Rise Of Cyber Crimes
[2]On average, there are 97 cybercrime victims every hour, which equates to a
new victim approximately every 37 seconds. Moreover, in 2022, there have been
instances where the data of 2 internet users was leaked every second. This marks
an improvement from the previous year, 2021, when the rate was 6 users per
second experiencing data leaks. The rise of social media platforms has opened
new avenues for cybercriminals to exploit. [3]In 2022, Meta, the parent company
of Facebook, discovered over 400 malicious iOS and Android applications designed
to steal users' Facebook login credentials.
Among these, 43% masqueraded as
innocuous 'photo editor' apps, allowing users to transform their photos into
cartoons. Another 15% posed as 'business utility' apps, promising hidden
functionalities absent in legitimate platforms' official apps. To deceive users, cybercriminals use fake reviews to boost their apps' rankings and mask negative
feedback that exposes their flaws. Once installed, these apps prompt
unsuspecting users to log in using their Facebook credentials, thereby granting
hackers access to sensitive personal information.
[4]In 2022, the FBI recorded 800,944 cybercrime complaints impacting a minimum
of 422 million individuals globally. Projections for 2023 estimate that 33
billion accounts will be breached due to cyber attacks, translating to
approximately 2,328 breaches per day or 97 victims every hour. Phishing attacks,
which account for 80% of reported cyber crimes, rank as the second most common
cause of data breaches at 16%, with average breach costs amounting to $4.91
million. Over the past 21 years (from 2001 to 2021), cybercrime has affected at
least 6.5 million victims, resulting in estimated losses of nearly $26 billion.
Looking ahead, the global annual cost of cybercrime is expected to reach $10.5
trillion by 2025, highlighting the critical need for enhanced cybersecurity
measures worldwide.
Cybercrime Count Projection
Recent Cyber-Attacks
In 2022-2023, several significant cybercrimes occurred, highlighting
vulnerabilities across various sectors:
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HCA Healthcare: Between February 26th to March 7th, 2023, HCA Healthcare reported a data breach affecting 11 million patients. An unauthorized party released patient information, including names, addresses, and dates of birth, though sensitive details like social security numbers and payment information were reportedly unaffected.
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Marriot Hotel: In 2022, Marriot suffered a hack resulting in the theft of 20 GB of guest information. This incident follows a 2020 breach where over 5.2 million guests' personal data was leaked.
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War in Ukraine: The conflict in Ukraine became a prime target for cybercriminals utilizing donation and fundraising scams. Phishing emails in Slavic languages increased significantly, and malware disguised as data decryption tools aimed to destroy Ukrainian systems.
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Shields Health Care Group: Detected in March 2022, this breach impacted over 2 million individuals across Massachusetts, exposing social security numbers, medical records, and personal information like addresses and patient IDs.
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Broward Health: In January 2022, Broward Health reported a breach affecting 1.35 million people, originating from a third-party medical provider. Intruders accessed patient names, dates of birth, and Social Security numbers.
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Novant Health: Due to a Meta pixel code misconfiguration, Novant Health disclosed potential unauthorized access to protected health information of 1,362,296 individuals. This incident prompted legal action against Meta, although no evidence indicated misuse of the disclosed data.
History
The history of cybercrime is marked by significant events, starting in 1834 when
two thieves infiltrated the French telegraph system to steal financial data, an
act many consider the first cybercrime. Subsequent attacks targeted the
telephone system, beginning in [9]1878 when teenage boys misdirected calls in
Alexander Graham Bell's company. [10]Ethical hacking emerged in 1940 when Rene
Carmille reprogrammed Nazi punch card machines to thwart their efforts. The rise
of email in the 1980s and web browsers in the 1990s led to phishing scams and
malware, while the 2000s saw hackers exploiting social media for data theft.
The
proliferation of the Internet of Things (IoT) has further expanded opportunities
for cybercriminals, allowing them to hack connected devices like appliances and
systems, causing extensive physical damage. Cybercrime is a serious concern in
the current digital era. It may take down entire networks in a matter of
seconds, compromise military data, interfere with vital infrastructure, and
deceive transportation systems. Crime has been interpreted historically and has
reflected societal goals from prehistoric religious readings to mediaeval
intellectual viewpoints. Both benefits and new avenues for criminal activity are
brought about by modern technology, particularly in relation to data breaches
and online crimes like identity theft.
Cyber Crimes in India
India ranks as the world's second-largest internet market with approximately 688
million active users, engaging predominantly on platforms like Facebook, YouTube,
Twitter, Instagram, WhatsApp, and Snapchat. [11]Despite this expansive internet
user base, there exists a stark gender disparity: 67% of users are male, while
only 33% are female. This gender gap significantly contributes to the increasing
incidents of cybercrimes targeting women. Cybercrimes encompass unlawful
activities conducted through digital channels and technology.
These offenses can
target individuals, property, or governmental entities, but this discussion
focuses specifically on crimes against women. According to the National Crime
Records Bureau (NCRB), there was a notable rise in cybercrime cases from 21,796
incidents in 2017 to 27,248 in 2018. In response to this trend, the NCRB began
categorizing crimes against women and children separately starting in 2017.
Since the 1990s, advancements in information technology have facilitated
widespread internet access even among households with modest incomes. The
internet has fostered a virtual environment for sharing, cultural exchange, and
numerous opportunities. However, it has also become a breeding ground for
cybercriminals who exploit anonymity to perpetrate crimes, often escaping legal
consequences. The rapid expansion of the internet complicates efforts to detect
and regulate such activities, leading to a surge in cybercrimes specifically
targeting women.
India's cybersecurity landscape is bolstered by a comprehensive framework of
regulations and policies aimed at safeguarding data integrity and combating
cyber threats. At the core of these efforts lies the Information Technology Act,
2000, which forms the foundational legal framework governing cybersecurity
practices, data protection, and cybercrime prevention in the country. Managed by
CERT-In (Computer Emergency Response Team - India), this act mandates that
businesses and organizations adopt reasonable security practices and procedures
to protect sensitive information. It also imposes penalties for the unauthorized
access, use, and disclosure of personal data, ensuring accountability and
deterrence in digital transactions.
Legal frameworks
The [12]Information Technology (Amendment) Act, 2008 further strengthens these
provisions by expanding the definitions of cybercrimes and enhancing the legal
framework for cybersecurity. This amendment holds intermediaries responsible for
content and data hosted on their platforms, compelling them to adhere to
stringent data protection measures. It extends its jurisdiction to cover not
only Indian entities but also foreign organizations operating within the
country's digital space, thereby ensuring a comprehensive regulatory approach.
In parallel, the Information Technology Rules, 2011 specify detailed guidelines
for intermediaries and impose penalties for cyber offenses such as data breaches
and unauthorized publication of private information. These rules are crucial in
regulating sectors such as banking, insurance, telecommunications, and
healthcare, where data privacy and security are paramount.
The [13]National Cyber Security Policy, 2013 complements these laws by outlining
a strategic vision to create a secure cyberspace, develop a skilled workforce in
IT security, and enhance resilience against cyber threats. Meanwhile, the
recently introduced IT Rules, 2021 replace their 2011 counterparts and impose
additional responsibilities on large social media intermediaries, including
mandatory grievance redressal mechanisms and compliance audits. Looking ahead,
the impending Digital Personal Data Protection Act, 2023 aims to align India's
data protection standards with global benchmarks, echoing principles found in
the European Union's General Data Protection Regulation (GDPR).
This legislation
mandates data fiduciaries to ensure the accuracy and security of personal data,
implement robust cybersecurity measures, and promptly report data breaches. It
also establishes the Data Protection Authority of India to oversee compliance
and enforce regulations across sectors. Supporting these regulatory efforts are
key governmental bodies like CERT-In, which serves as the national nodal agency
for cybersecurity incident reporting and response. CERT-In's mandate includes
setting a strict six-hour deadline for reporting cybersecurity breaches,
ensuring swift mitigation of risks and threats to critical infrastructure.
Furthermore, the National Critical Information Infrastructure Protection Centre
(NCIIPC) plays a crucial role in safeguarding critical information systems
across sectors such as power, banking, telecommunications, and government.
Sector-specific regulators like the Securities and Exchange Board of India (SEBI)
and the Insurance Regulatory and Development Authority of India (IRDAI) enforce
cybersecurity guidelines tailored to their respective industries, promoting data
integrity and risk management practices.
In the telecommunications sector, the [14]Telecom Regulatory Authority of India
(TRAI) and the Department of Telecommunications (DoT) regulate user data
privacy, imposing strict consent requirements for the processing of personal
data. Together, these regulatory bodies and frameworks collectively reinforce
India's cybersecurity architecture, addressing evolving threats and promoting
robust data protection practices across diverse sectors of the economy.
The
surge in cybercrimes against women in India can be attributed largely to their
reluctance to report such incidents, often out of fear of familial shame. Many
victims even blame themselves for the crimes perpetrated against them.
Exploiting these vulnerabilities, cybercriminals engage in tactics such as
forming online relationships to gain trust and subsequently sending obscene
messages, thereby perpetuating a cycle of intimidation and silence.
According to
a 2016 survey by the Feminism in India portal, 58% of respondents reported
experiencing online aggression, yet a significant 38% refrained from taking any
action against their perpetrators. This underreporting not only emboldens
offenders but also puts other potential victims at risk. It is crucial for
victims to come forward and report these crimes to prevent further incidents and
ensure the protection of others vulnerable to similar exploitation.
Cybercrimes against women
Addressing the rising tide of cybercrimes against women necessitates
multifaceted preventive measures. Despite the inevitability of sharing personal
information online, exercising caution remains paramount. Vigilance against
phishing attempts and safeguarding email addresses are critical. Understanding
and adhering to privacy policies on websites can help mitigate risks associated
with fraudulent platforms aimed at extracting personal information.
Combatting
online harassment must be integrated into broader efforts against gender-based
abuse. Remaining informed about technological advancements is crucial in
countering online crimes that often exploit user ignorance. Collaborative
initiatives involving media, clubs, associations, and women's networks are
indispensable in promoting female leadership and decision-making within society.
The internet, with its expansive reach and veil of anonymity, presents unique
challenges in combating cybercrime, particularly when it targets women. India,
being the world's second-largest internet market with 688 million users,
exhibits a stark gender divide with 67% male and 33% female users. This
discrepancy significantly contributes to the escalating frequency of cybercrimes
against women, exacerbated by their limited awareness of legal protections and
their rights within the existing legislative framework.
Cybercrimes encompass a
wide array of illegal activities facilitated by the anonymity and global reach
of the digital realm. While specific laws directly addressing cybercrimes
against women are lacking, offenses can still be prosecuted under the Indian
Penal Code (IPC) and the Information Technology (IT) Act. The IPC, as the
general criminal code of India, has been updated to incorporate cybercrimes,
with the IT Act focusing specifically on crimes involving information
technology, following its 2008 amendment which broadened its scope to include
cyber offenses.
Measures to take
Efforts to monitor and report online violence and cybercrimes must be
prioritized. Establishing an anonymous e-portal for reporting cybercrimes
against women, coupled with a comprehensive criminal database accessible to law
enforcement agencies, can empower victims and aid in swift legal action. Raising
awareness about rights and safe practices on digital platforms is pivotal.
Educational institutions should incorporate contemporary issues related to
online crimes into their curricula and promote safe internet usage.
Strengthening regulations for Internet Service Providers (ISPs) to monitor and
report suspicious activities is crucial for early intervention and crime
prevention. Despite the robust legal framework in place, victims often remain
silent due to societal stigma, while perpetrators exploit the perceived ease and
low risk associated with online offenses. High-profile cases like the "boy's
locker room" incident in Delhi, where teenage boys shared derogatory content
about underage girls on social media, highlight the normalization of
objectifying women.
Implementing preventive measures like data security and
password protection, while essential, only scratch the surface of deeper issues
rooted in patriarchal norms and misogyny. Addressing these systemic challenges
requires long-term strategies such as evolving societal norms alongside
technological advancements. Promoting digital literacy, establishing stringent
data security protocols, expanding technology access for women and girls, and
enacting specific laws addressing cybercrimes against women are imperative steps
forward. However, laws alone are insufficient without active enforcement and
societal support to ensure justice for victims.
The online realm, initially
perceived as a sanctuary, mirrors real-world dangers for women, necessitating
comprehensive efforts to protect and empower them. Through education, awareness
campaigns, and rigorous enforcement of laws, we can foster a safer digital
environment where women are informed, protected, and able to navigate the online
world without fear of exploitation or harassment.
Making a complaint
In light of the rapid technological advancements and the consequential increase
in cybercrimes, it is imperative to establish robust mechanisms for reporting
and addressing such offenses to safeguard victims effectively. Here's a
comprehensive guide on how to file a cybercrime complaint in India: Begin by
reporting the incident to Cyber Cell India, either through their online portal,
helpline number, or in person. Submit a written complaint detailing your name,
contact information, and mailing address to the cybercrime cell in your city.
Given the global jurisdiction of cybercrimes, complaints can be filed at any
cybercrime cell across India, irrespective of your location.
If access to a
cyber cell is unavailable, approach your local police station to file a First
Information Report (FIR). If the station declines to register the complaint,
seek recourse with a judicial magistrate or police commissioner. Alternatively,
you can file an FIR under the Indian Penal Code (IPC) for offenses falling
within its purview, with police officers mandated to register such complaints
under section 154 of the Code of Criminal Procedure.
Notably, most cybercrimes
categorized under the IPC are cognizable offenses, eliminating the need for
warrants in arrests or investigations. While the Ministry of Home Affairs is
currently developing a centralized online portal for cybercrime registration to
streamline the process, the Cyber Crime Cell of the Delhi Police has already
launched an online platform for registering complaints, aiming to enhance
accessibility and efficiency in handling cybercrime cases.
Conclusion
In summary, the swift development of information technology (IT) has
significantly changed society, posing both advantages and difficulties,
especially in the area of cybersecurity. Cybercrime is a broad category of
illegal activity that poses a major risk to people, businesses, and governments.
Legal frameworks often lag behind technological advancements in cybersecurity,
failing to keep pace with the increasing complexity of cyberattacks. Privacy
violations and identity theft are two ethical concerns that highlight how
crucial it is to incorporate ethical considerations into cybersecurity rules.
Improving digital resilience and putting in place efficient legal rules depend
heavily on raising user awareness and fostering international cooperation.
To
tackle these systemic issues, long-term approaches are needed, like changing
social standards in tandem with technology development. Important steps ahead
include implementing laws specifically addressing cybercrimes against women,
improving technology access for women and girls, promoting digital literacy, and
creating strict data security measures. But without proactive enforcement and
social support, laws by themselves cannot guarantee victims' justice.
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Written By: Ishaan Shergill Jacob
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