Identity theft has become a widespread issue especially with advancement in
technological growth popularly referred to as post internet age. As individuals
store services and their personal information in digital format they are more
likely to be exposed to identity theft. This offence where a person dishonestly
intends to use another person's personal data for deceiving him or her can be
likened to the following regarding its novelty. While identity theft has been
apparent since the past decade, the modern-day versions exist in cyberspace
rendering prevention and law enforcement challenges.
This article theoretically analyses whether identity theft should be regarded as
the contemporary crime and evaluates its protection measures in the internet
environment focusing on the provisions of the Indian legislation that includes
the Information Technology Act 2000 and some sections of the Indian Penal Code.
The Constitution and laws, the difficulties faced in the enforcement of these
laws, and the measures taken or that might be taken to prevent identity theft
are discussed in detail.
Introduction
Identity theft is the unlawful use or procurement of a person's identifying
information including their names, credit card details or social security
numbers, among others, with a view of gaining financially. The recent advances
in the use of internet and digital transactions has created more incidence of
identity theft leading to the current problem faced in society. It raises a
question, however: Is identity theft a contemporary type of crime, or is it
simply a classical crime that has adapted to the development of modern
technologies?
Traditionally, the concept of identity theft has been associated with
impersonation and fraud. However, with the advancement of the internet services,
and the onset of digitization, identity theft has improved and includes phishing,
hacking, and data breaches. The contemporary offender is not required to be near
the intended victim to perpetrate the act. This shift has increased the debate
on legal policies and measures, and preventive measures in different countries
including India.
Recognising Identity Theft as a Criminal Act:
- Traditional vs Modern Identity Theft in Time:
In this context, identity theft used to define cases where a person or an entity pretends to be another in order to gain certain privileges usually provided on the basis of an identity document. This crime was more personal in the pre-internet age, sometimes tied to the stealing of identity, such as passport or driving license. However, today's form of identity theft is not so violent; it is a more subtle form of cyber crime involving a person's data without having to confront him/her physically. Another aspect is that criminals use personal data that is usually kept in online directories, social networks, and financial applications. It involves taking a person's identity online, and more often it is done without the knowledge of the victim in the short term.
- Identity Theft in the Post-Internet Era:
The internet poses high risks of identity theft as compared to the pre-internet period. It has brought new threats, which include online shopping, cloud storage and social networks, where people consciously provide personal data. The common practices adopted by cybercriminals to steal sensitive information include phishing, malware, and social engineering with which they achieve the main objective of fraud.India, for example, has witnessed a drastic rise in internet use and in this connection, the incidences of cybercrimes headed by identity theft. Data collected from the National Crime Records Bureau (NCRB) reveals that identity theft has been on the rise through the increase in the use of social media platforms.
India's Legal Framework Regarding Identity Theft:
- Information Technology Act, 2000:
The Information Technology Act of 2000 is another legislation in India that deals with identity theft issues within cyber space. Section 66C of the IT Act relates to identity theft where punishment is provided for a person who commits identity theft by using another person's electronic signature, password or any other unique identification. The penalty under this provision may amount to three years imprisonment along with a fine. The Information Technology Act 2000 also authorised the establishment of the Cyber Appellate Tribunal, a specialised official body hired to address the appeals against orders passed by Adjudicating Officers under the Act.Furthermore, there is a Section 66D of the IT Act which deals with cheating by personation using computer resources, a crime very similar to identity theft. It also provides for a similar kind of punishment as under Section 66C but with more emphasis on the aspect of fraud through the Internet.
- Indian Penal Code, 1860:
The Indian Penal Code (IPC) might not have explicit sections on identity theft, but it covers related issues in a roundabout manner. The Indian Penal Code also has Section 419 that criminalizes cheating by personation; a situation where one fraudulently takes the identity of another person. This attracts a punishment of imprisonment which does not exceed 3 years or a fine or both. Furthermore, Section 420 of IPC covering cheating by personation to induce an innocent person, to deliver any property or to extend any financial accommodation, can be applied in regard to identity theft which involves fraudulent and dishonest intentions to gain financial benefits.
- Landmark Case - State of Tamil Nadu v. Suhas Katti:
For example, by means of the case State of Tamil Nadu v. Suhas Katti, digital India can be referred to as one of the most significant states combating identity theft. Here, the accused opened an account in another's name, the victim in this matter, and sent defaming messages to a Yahoo group, which was a cause of harassment to the victim. This was one of the first cases of identity theft and cyber defamation in India and the court found the accused guilty under sections 66C and 67 of Information Technology Act, 2000. The case is important as it highlighted how the judiciary began to regard identity theft in cyberspace as a crime and provided a reference point for future cybercrimes. The conviction was made in a record time of 7 months of filing of a complaint which testifies the effectiveness of the cybercrime laws in India.
However, despite having proper legislation in place, India faces major issues in terms of enforcement when it comes to identity theft. Unfortunately, a good number of identity theft related offenses are not reported in the first place because of lack of awareness among the victims. In addition, many of the prosecutors and other members of law enforcement agencies do not have the sufficient technical background to conduct comprehensive investigation of the more complicated types of cyber criminals.
- Feature Adjudicatory Mechanisms and Law Enforcement Challenges:
It is important to note that while India has appropriate legal provisions for dealing with identity theft in the country the problem is that of enforcement. The above identity theft crimes go unsolved because many victims are not even aware of the crimes. In addition, a number of law enforcement agencies do not have the technical skills needed in order to conduct efficient investigations into cybercrimes.The proceeding of the cybercrime-related cases is regulated by the Cyber Appellate Tribunal based on the Information Technology Act, 2000. However, the number of tribunals and cases have been a limiting factor because there are few tribunals, and cases have led to congestion thus delaying judicial proceedings. This delay of justice may make the victims drop the case and opt to take the law into their own hands.
Prevention Mechanisms in the Post-Internet Era:
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4.1 The Data Protection Laws:
As one of the most influential steps toward reducing identity theft, it is necessary to work on increasing the data protection regulation. India unveiled the Personal Data Protection Bill in December 2019, to serve as a bill to regulate collection, storage and processing of personal data and provide data privacy. When passed this law will enable people to own their data and fine organizations that fail to protect data belonging to individuals.
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4.2 Public Awareness and Cyber Hygiene:
It is also important to note that a lot of awareness is needed in fighting identity theft as well. For instance, identity theft victims reveal their personal details in social networking sites, phishing mails and unsecure website links. The government as well as different private organizations have started consciousness campaigns to make the public aware regarding cyber security and cyber safe practices such as avoiding use of weak passwords, not to get trapped in phishing scams, and keeping the computer software updated.
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4.3 Technological Solutions:
Technology solutions can also reduce identity theft risks as highlighted in the following solutions: Protection of data is now enhanced by the measures such as encryption, multi-factor authentication, and biometric verification. They increase protection towards the details by placing barriers that the cybercriminals cannot penetrate in order to steal or exploit the data.
Moreover, unauthorized access to consumers' data has prompted the use of blockchain technology in protecting such data. Its distributed and unchangeable characteristic makes it appealing to serve as the solution to the identity theft problem by making personal information evidence that cannot be altered or read by other parties.
Government's efforts in combating Identity theft:
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CERT-IN:
The Indian Computer Emergency Response Team or 'CERT-IN' is the key body for managing cybercriminal activities including identity theft. The CERT-IN was set up under the Information Technology Act which is responsible for reporting and handling cyber threats and also assists the organizations in protecting network systems and assets. CERT-IN serves as the national agency for performing various functions in the area of cyber security in the country as per the provisions of section 70B of the Information Technology Act, 2000. Law enforcing agencies are also partners of CERT-IN in nabbing and prosecuting those who are involved in identity theft through cyber crime. In awareness campaigns and in issuing security guidelines they have played a vital role in minimizing the consequences of cyber crimes in India.
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Digital India Initiative:
Digital India initiative is the flagship programme launched by the Indian government, which focuses on enabling the citizen to access services through digital mode and at the same time being secure. One of the integral components of this effort is cybersecurity. The initiative of Digital India also carries the concept of information security in order to avoid the chance of identity theft as pointed out by. The process has also focused on the establishment of a proper structure of IDs in the digital environment with the help of Aadhaar numbers. Though Aadhaar has revolutionized the process of issuing digital identities to millions, it has also been in tremendous controversy with regard to data protection or lack of it and therefore remains at the center of debates concerning identity theft.
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Challenges in Identity Theft Prevention:
However, the following several challenges are evident in the prevention and combating of identity theft in India, all the same, recognizing the legal frameworks that govern the fight against identity theft. The worldwide web is distributed in nature and hence it is challenging for the police to arrest the hackers across the world. Furthermore, the feature of anonymity engendered in the dark web has led to the sale of stolen identities and other personal details making it difficult to fight identity theft.
The last one is the lack of adequate knowledge of the threats which are connected with the provision of personal data on the web. Most people have no idea of the dangers of phishing, websites with unsound security, and the use of social engineering by criminals to get access to individuals' crucial information.
Effect of Identity Theft to People and the Community:
- An individual and material penalties:
The effect caused by identity theft on the individuals is mostly financial in
the short-run though the problem may cause one more serious problem later. There
may be other unauthorized transactions, and fake loans and even depletion of
people's bank accounts. Such negative consequences take a long time to manifest:
credit ratings are affected, and one has to start on the process of establishing
a new financial identity on the Internet. The victims are often unaware of the
theft of their identity for some time after the incident and even then they
might not know it.
Furthermore, they also have legal implications to it and not only subject the
victims to financial loss. For instance, where the criminals are using their
identity they get to commit a crime, the innocent individual stands to be either
accused or prosecuted and that has the ring effect and gives the victim more
physical and emotional stress. This underlines the need to protect with law and
act in the enforcement of laws when necessary within the shortest time possible.
- Effect on Businesses and Society:
It is also important to note that businesses are in equal measures at a high
risk of identity theft or theft of their data through hacks. A more recent
example is when hackers gain unauthorized access to the database of a company to
steal customer credentials not only leads to monetary loss, but also impacts the
organization's credibility and reliability. In worst-case scenarios, firms may
suffer legal action and fines for the lack of customer information protection.
It is a known fact that identity theft harm the social entity as a whole. This
type of crime tends to rise from time to time hence exerting much strain on the
enforcement agencies, the judiciary and in extension the public as a whole. This
is the reason why governments are forced to invest even more into security,
especially within the framework of fight against identity theft.
International Legal Perspective on Identity Theft:
Identity theft and related practices are not isolated issues in a specific
country, but are a world-wide problem hence need solutions from over the world.
Legal measures as a financial crime prevention strategy have been adopted by
many countries but due to differences in laws, the reporting systems,
enforcement and cross border crimes, identity theft remain and difficult to
prevent.
- The United States: Identity Theft and Assumption Deterrence Act of
1998
To its credit, the United States has been central to fighting Identity theft
thoroughly via the Identity Theft and Assumption Deterrence Act of 1998. This
law makes it wrong for a person to assume the identification of another and has
stringent repercussions which can be in form of fine or imprisonment. The U. S.
also has the Identity Theft Resource Center through which victims can receive
support and also manage to get back their stolen identity.
- The European Union: General Data Protection Regulation
One of the most influential legislations is the GDPR of the European Union which
affected identity theft prevention. The GDPR regulates the way organizations
collect, store and process personal data with severe fines for non-compliance.
The regulation empowers individuals by allowing them to have a more precise
control on their own data, and organizations must notify the data controller
within 72 hours of the data breach so as to minimize identity theft.
- International Organization and Agreements
Therefore, cooperation between countries is important in terms of investigating
and punitive actions toward the users of the internet involved in identity
theft. Other international bodies such as INTERPOL and the United Nations Office
on Drug and Crime (UNODC) have commenced programs for countries to share
information. Other international treaties such as the Budapest Convention on
Cybercrime also assist countries in combating identify theft by providing
accepted global practices as to how the law enforcement agencies should conduct
investigation and prosecution.
Nevertheless, identity theft continues to remain a worldwide problem. Hackers
are usually global hence posing a great challenge to any single country to
arrest and prosecute the culprits. Another challenge is that the laws governing
handling of data vary from country to country, the political structures that
govern nations also differ and the technology utilized in some countries may not
be available or is very limited in other countries.
Future developments in Identities theft Protection:
Since the advancement in technology comes with its ways of using it in crime, so
is the practice of identity theft. Indeed, the criminals are always ingeniously
working hard in order to come up with the most suitable ways of exploiting any
known weak systems in the digital networks. Therefore, there is need for both
governments and private organizations to prioritise innovation in the field of
cybersecurity.
- Artificial intelligence and machine learning:
There are many ways to reduce identity theft incidences with Artificial
Intelligence (AI) and machine learning technologies being of particularly
importance. Real time analysis can be done in AI systems to analyze huge
volumes of data and identify the possibility of fraud, hence alerting the
financial institutions and businesses to stop such fraudulent transactions
from taking place.
They also help to build better forms of authentication to prevent hacking or
any kinds of fraud practices. For instance, facial recognition or
fingerprints for identity verification is far more secure than a password
encryption for example, biometric verification systems.
- Blockchain Technology:
Another solution to the current issue is the use of block chain since the
structure is decentralized and can hardly be manipulated. In return, they
added their personal data to a blockchain, thereby ensuring that only they
have full or partial access to the information. Blockchain technology also
helps in the tracking of the incidences of Identity theft, which assists
police in the prosecution of the criminals.
- Quantum Computing:
Although still in its early stages, quantum computing has a potential in
radically changing the current state of cybersecurity. Quantum key
distribution with the help of which data can be encrypted with the use of
the principles of quantum mechanics could give a nearly impregnable shield
against identity theft. Nonetheless, this technology is set to take years
before it becomes familiar in the market.
Conclusion
Identity theft poses an increasing challenge in todays world as it impacts
people and organizations globally on a significant scale. The evolution of this
crime in the era has introduced new complexities primarily due to its prevalence
on the internet. Despite India having established mechanisms such, as the
Information Technology Act and the Indian Penal Code to tackle identity theft
the country still grapples with enforcement hurdles and a general lack of public
consciousness regarding this issue.
In todays changing technological landscape it is important that legal systems as
well as businesses and individuals take proactive steps to safeguard against
identity theft risks using tools such as stronger legislation improved public
awareness efforts and innovative technologies like AI and blockchain Working
together, across borders and staying at the forefront of advancements can help
create a safer digital world with reduced cases of identity theft.
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