Since the invention of the Internet, communication throughout the world has
advanced. The rise of cybercrime, also referred to as e-crimes (electronic
crimes), is one of the biggest problems facing modern society. As a result,
cybercrime is a threat to all countries, businesses, and people worldwide.
Millions of people have fallen victim to it, and it has spread to many regions
of the world.
Given the seriousness of e-crime, as well as its global scope and
effects, it is obvious that a shared knowledge of such illegal behaviour is
necessary for effective e-crime management. This paper covers the definitions,
varieties, and intrusions of e-crime. It has also concentrated on the
anti-e-crime laws in India.
Introduction
Cybercrime is a relatively recent development in the realm of crime. Cybercrime
is any illegal activity carried out on or through a computer, the internet, or
any other technology covered by the "Information Technology Act." The most
prevalent type of crime in contemporary India is cybercrime, which has a
catastrophic effect.
Criminals not only seriously harm society and the
government, but they also greatly conceal their identity. Technically skilled
criminals engage in a number of illegal activities online. Cybercrime can be
broadly construed as any illegal activity that makes use of a computer or the
internet as a tool, a target, or both. Although the term "cybercrime" is not
defined in any act or statute approved by the Indian legislature, it has
occasionally been interpreted by Indian courts.
The misuse of technology and
society's increasing reliance on it in modern society are the root causes of cybercrime, an unstoppable evil. Computer use and other associated technologies
are becoming an increasingly necessary part of daily life, supporting user ease.
This medium is limitless and unquantifiable. Only a few of the recently growing
cybercrimes include cyber-stalking, cyber-terrorism, email spoofing, email
bombing, cyber pornography, cyber defamation, and others. Some common crimes may
be considered cybercrimes if they are carried out online or via a computer.
Cyber Crime: A Way Forward
Cybercrime is the use of technology to commit traditional offences like robbery,
theft, and false representation or to carry out a deliberate attack like hacking
a warning system before entering an unapproved location. All of this is doable
at the level of the person, the state, or the nation. In the event of a country
attack, there will be no legislation or law-enforcing bodies prepared to give a
positive outcome; instead, the main emphasis is on political, economic, or
military pressure.
"Virtual only" offences like the distribution of illicit
photographs, documents, or sensitive data are examples of cybercrime.
Professional programming teams are likewise featured in this category; they
offer digitally specified initiatives and items to everyone, from unidentified
people to governments, including denial of administration attacks and
accountability for traded off systems. The amount of time we spend online will
increase, which will increase the prevalence of online misbehaviour.
This trend
will undoubtedly continue to drive law enforcement farther online. The
Information Technology Act of 2000, which addresses cybercrime, does not define
the term. The Indian legislature has not supplied a precise definition of
cybercrime in any act. However, the term "cybercrime" often refers to any
unlawful activity that is carried out online or through computers.
Cybercrime is defined by Dr. Debarati Halder and Dr. K. Jaishankar as:
"Offences committed against individuals or groups of individuals with a criminal
motive to intentionally harm the victim's reputation or cause physical or mental
harm, or loss, to the victim directly or indirectly, via modern
telecommunication networks such as the Internet (Chat rooms, emails, notice
boards, and groups) and mobile phones (SMS/MMS)"
Oxford Dictionary defines cybercrime as follows:
"Criminal activities committed via computers or the Internet."
"Cybercrime can be defined as those species whose genus is traditional crime and
where the computer is either an object or a subject of the criminal conduct."
Types of Cyber Crime
- Child Pornography:
One of the most serious offences is that. The Internet is
used by predators to connect with and sexually assault children all around the
world. Children have become a desirable target for cybercriminals as a result of
the widespread use of the internet. Paedophiles approach children through chat
rooms, where they befriend them and take personal information from their
defenceless victims, in order to entice them into their traps. These paedophiles
entice kids to the internet where they then assault them sexually or use them as
sex objects.
- Hacking:
Hacking entails gaining access to a device without authorization,
altering it to allow for continuing access, and changing the configuration,
function, or service of the target equipment without the owners' knowledge or
approval.
- Denial of service attack:
A denial-of-service attack uses extremely basic
technology to overwhelm the target computer, which helps to prevent other
machines from accessing the server. Hackers utilise a variety of techniques to
download servers.
- Virus dissemination:
This sort of criminal behaviour calls for direct or
unauthorised access to the operating system through the installation of
additional programmes that are categorised as ss bugs, worms, or logic bombs.
Computer sabotage, which generally refers to the unlawful destruction or
deletion of machine data or the Internet function, which prevents standard
device functions, is plainly an illegal offence.
- Computer Forgery:
This happens as data in computerised records is modified
and processed. Machines can, however, also be employed to carry out forgery.
Computerised colour laser copies' accessibility sparked a fresh wave of
fraudulent modification or copying.
- Card Card fraud:
Modern businesses can readily exchange cash for cash that
is held in computers, which leads to computer theft. Organised crime frequently
targets credit card identity information as well as personal and financial
credit card details. In addition to having a far larger worth than traditionally
economic assets, assets in digital format can potentially belong to a higher
economic class.
- Phishing:
Modern businesses can readily exchange cash for cash that is held
in computers, which leads to computer theft. Organised crime frequently targets
credit card identity information as well as personal and financial credit card
details. In addition to having a far larger worth than traditionally economic
assets, assets in digital format can potentially belong to a higher economic
class.
- Spoofing:
Get one machine on a network to have a separate computer, usually
a computer with special access privileges, so that the other computers can be
accessed globally.
- Cyber Stalking:
In our culture, cyberstalking refers to the act of following
or monitoring someone online. The victim of a cyber-stalker is not physically
pursued; instead, he is tracked down after an online engagement and stalked,
harassed, and intimidated verbally. It is an infringement on your online
privacy.
- Threatening:
The suspect contacts the victim in chat rooms or sends obscene
emails.
- Salami Attack:
In this type of fraud, the culprit makes small adjustments
that are undetectable. Criminals take money from all of the bank's customers'
accounts—as little as 2.50 per month—and deposit it on their own. No account
manager can approach the bank for too little in this circumstance, although
fraudulent gains are enormous.
- Email bombing:
Sending an enormous amount of mail to a victim—who might be
a person, a company, or even mail servers—and causing the system or network to
malfunction as a result.
- Data Diddling:
Involves making changes to raw data right before a computer
processes it, then making those same changes again once the processing is
finished.
- Virus Attacks:
Viruses are programmes that attach to a computer or a file
and then replicate themselves on other computers and files connected to a
network. They typically affect a computer's data by altering or erasing it.Worms
do not need a host to attach to, in contrast to viruses. They just create
functioning copies of themselves and keep doing so until all of the computer's
available memory has been consumed.
- Logic Bombs:
This offence depends on a specific conditional circumstance
occurring. The Chernobyl virus serves as the most prominent illustration; it was
dormant for the majority of the year and only became active on a particular
date.
- Trojan Attacks:
An illegal programme known as a Trojan hides its true
purposes by appearing to be a legitimate piece of software and operating from
within.
- Internet time thefts:
This occurs when someone who is not authorised makes
use of someone else's paid-for Internet time. This kind of cybercrime was
unheard of before the victim reported it. The Indian Telegraph Act and the
Indian Penal Code are typically used to pursue this crime.
- Cybersquatting:
Cybersquatting, which includes typo squatting, is the
practise of obtaining a domain name in order to demand payment from the owner of
a trademark (such as a business name, trade name, or brand name) (where one
letter is different). By demonstrating that the defendant registered a domain
name containing the plaintiff's distinctive trademark in bad faith and with the
intent to profit, a trademark owner can prevail in a cybersquatting action.
- Cyber Defamation:
Any disparaging message meant to damage a person's brand
or reputation is referred to as cyber defamation. Someone can be defamed through
libel or slander. Cyber defamation is the term for defamation committed using
computers and/or the Internet.
- Keystroke Logging:
It is encoding and recording a user's keystrokes. This
kind of programme is used to bypass security measures by extracting encryption
keys and passwords.
- Data-driven attacks:
A kind of attack where the attack is launched by a
user or another programme using innocent data as cover. Because it may start an
assault against a system behind the firewall while still being in data form, a
data-driven attack on a firewall is concerning.
- DNS spoofing:
A spoofing technique that uses the Domain Name Service, which
enables networks to convert textual domain names to the IP addresses required to
route data packets.
- Dumpster diving:
A type of human intelligence (HUMINT) in which abandoned
items and data are collected in an effort to find useful information.
Cyber Laws in India
Information Technology Act, 2000:
The Information Technology Act, which came
into effect in 2000, regulates cyber laws in India. The main goal of this Act is
to safeguard eCommerce's legal protection by making it simple to register
real-time records with the government. The sophistication of cybercriminals and
people's propensity to abuse technology led to a number of adjustments.
The ITA highlights the severe punishments and fines established by the Indian
Parliament to protect the e-government, e-banking, and e-commerce industries.
The scope of ITA has been expanded to include all modern communication devices.
- Section 43:
[Penalty and compensation] for damage to computer, computer
system, etc.– If any person without permission of the owner or any other person
who is in charge of a computer, computer system or computer network.
- Section 66:
Computer related offences - If any person, dishonestly or
fraudulently, does any act referred to in section 43, he shall be punishable
with imprisonment for a term which may extend to three years or with fine which
may extend to five lakh rupees or with both.
- Section 66B:
Punishment for dishonestly receiving stolen computer resource
or communication device - Whoever dishonestly receive or retains any stolen
computer resource or communication device knowing or having reason to believe
the same to be stolen computer resource or communication device, shall be
punished with imprisonment of either description for a term which may extend to
three years or with fine which may extend to rupees one lakh or with both.
- Section 66C:
Punishment for identity theft– Whoever, fraudulently or
dishonestly make use of the electronic signature, password, or any other unique
identification feature of any other person, shall be punished with imprisonment
of either description for a term which may extend to three years and shall also
be liable to fine which may extend to rupees one lakh.
- Section 66D:
Punishment for cheating by personation by using computer
resources. Whoever, by means of any communication device or computer resource
cheats by personation, shall be punished with imprisonment of either description
for a term which may extend to three years and shall also be liable to fine
which may extend to one lakh rupees.
Indian Penal Code, 1980
Identity theft and other related cyber offences are prosecuted under both the
Information Technology Act of 2000 and the Indian Penal Code (IPC), 1860.
The IPC's Most Pertinent Section Addresses Cyber Frauds:
- Forgery (Section 464)
- False documentation (Section 465)
- Forgery pre-planned for cheating (Section 468)
- Reputation damage (Section 469)
- Presenting a forged document as genuine (Section 471)
Measures to prevent Cyber Crimes
Students should become more knowledgeable about cybercrimes and cyber laws and
should be made aware of them. Students in computer centres, schools, colleges,
and universities should also receive instruction in cyber literacy. In order to
give students a foundational understanding of the Internet and its security,
educational institutions might arrange cyber law awareness programmes.
Regularly reviewing bank and credit card statements can help to lessen the
impact of online crimes and identity theft.
Keep your operating system up to date to deter hackers from accessing your
computer. By keeping your computer updated, you can stop attackers from taking
advantage of software flaws that could otherwise give them access to your system
and allow them to hack it for illegal purposes.
Eight-character passwords should be strong and unique, utilising a mix of
symbols, phrases, and figures for online activities like online banking. Avoid
using passwords that are easily traceable, such as your email address, login
name, last name, date of birth, or month of birth.You shouldn't use the same
password for each online service you use. Keep various passwords on hand for
various internet activities.
To secure your webmail or social media account, enable two-step authentication
in the webmail. Add your cell phone number to your email account so you can be
alerted if someone tries to access your account.
Your username and password are necessary to open your account with two-step
authentication. However, for your personal protection, a verification code is
sent to your listed mobile number if you forget your password. Even if a hacker
is able to guess your password, he or she will be unable to access your account
without the temporary verification code.
Your computer needs security software installed since it helps shield you from
online threats and is therefore necessary for basic online security. These
programmes are therefore essential for maintaining online safety. It comes with
firewall and antivirus software. The firewall regulates who and what is able to
communicate with your computer over the internet. By maintaining all online
activities, including email and web browsing, antivirus safeguards the machine
against viruses, worms, Trojan horses, and other malicious programmes.
Since they provide all the security software required for online protection in a
single package, integrated security programmes like Norton Internet Security,
which combines Firewall, Antivirus, Antispyware, and other features like Anti
Spam and Parental Controls, have gained popularity in recent years.
Avoid clicking on the links in emails that request personal information since
they could direct you to a harmful or fake website. Read the privacy policies on
a company's website and software before you give them your data. You won't
receive emails from trustworthy businesses requesting personal information.
Conclusion
What appears to be perfectly organised and impenetrable today might not be
tomorrow. The internet is a global phenomena, thus it is likely to draw many
types of criminal activity. India has taken a big stride toward curbing
cybercrime with the approval of the Information Technology Act and the giving of
exclusive powers to the police and other authorities to combat cybercrime. The
power of the human intellect is beyond comprehension.
Cybercrime cannot be completely eliminated from the internet. You could look
them over. History has proven that no policy has ever been able to eradicate
crime globally. The only way to stop crime is to make laws more strictly
enforced and to educate people about their rights and obligations (such as
reporting crime as a shared duty to society).
Without a doubt, the Act marks a turning point in the development of cyberspace.
Furthermore, I do not contest the need for amendments to the Information
Technology Act to improve its effectiveness in thwarting cybercrime. Finally,
I'd like to provide a cautionary note to the pro-legislation crowd: it's
critical to keep in mind that the parameters of the cyber law aren't made so
tight that they stunt the industry's development and become ineffective.
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