Presentation On Cyber Laws in India

Presented By

Saumya Srivastava

Shivani Choudhary

Poorva Chaudhary

CONTENTS

Cyber Crime-Introduction Classification of cyber Crimes Cyber Law-Introduction Need of Cyber Laws Indian Crime Scene IT Act,2000 ITAA,2008 Counter Measures Future of Cyber Crime in India Case Study Conclusion References

CYBER CRIMEIt refers to any crime that involves a computer or network. Cyber Crime is technically

defined as : "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or

mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones

(SMS/MMS)".

CLASSIFICATION OF CYBER CRIMES

Against Person

Harassment Cyber Stalking Defamation

Hacking Carding Child Pornography

Against Property

Intellectual Property Crimes Cyber Squatting

Hacking Computer System Cyber Trespass

Against Government

Cyber Terrorism Distribution of Pirated Softwares

Possession of Unauthorised

Information

CYBER LAWCyber Law is a term that encapsulates the legal issues related to use of the

internet.

• It refers to the legal and regulatory

aspects of internet and world wide web.

• Thus Cyber Space is governed by a

system of laws and regulations called cyber law.

WHY SHOULD I KNOW ABOUT CYBER LAWS?????

As the nature of Internet is changing and this new medium is being seen as the ultimate medium ever evolved in human history, every activity of yours in Cyberspace can and will have a Cyber-legal perspective.

At every point of time, there are various Cyber law issues involved. You may not be bothered about these issues today because you may feel that they are very distant from you and that they do not have an impact on your Cyber activities. But sooner or later, you will have to tighten your belts and take note of Cyber law for your own benefit.

INDIAN CRIME SCENEThe major Cyber Crimes reported, in India, are Denial of Services, Defacement of Websites, Spam, Computer Virus and Worms, Pornography, Cyber Squatting, Cyber Stalking and Phishing.

NEED OF CYBER LAWS IN INDIAIndia has a rapidly growing online user base with121 Million Internet Users 65 Million Active Internet Users50 Million users shop online on Ecommerce Sites46+ Million Social Network Users

Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the need for Cyber laws in India.

IT ACT,2000The Information Technology Act, 2000 is the legislation that deals with issues related to Internet.

It attempts to change the outdated laws and provides ways to deal with cyber crimes. The Act offers the much-needed legal framework so that information is not denied legal effect, validity or enforceability, solely on the ground that it is in the form of electronic records.

Enacted on 17th May,2000

India is the 12th nation in the world to adopt Cyber Laws

The main purpose of this act is to provide legal recognition to e-commerce and to facilitate filing of electronic records with the government.IT Act 2000 consisted of 94 sections segregated into 13 chapters.

CHAPTER XI – OFFENCES – 66. Hacking with computer system.

(1)Whoever, intentionally or unintentionally risks the security of a computer system or network, commits hack.

(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Section – 43

Deals with cyber trespassing

“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.” [S.66]

S.66A - Punishment for sending offensive messages through communication service, etc.

Any person who sends, by means of a computer resource or a communication device; Any information that is grossly offensive or has menacing character

Shall be punishable with imprisonment for a term which may extend to three years and with fine.

S. 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”

S. 66D - Punishment for cheating by personation by using computer resource

“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. “

S. 66E - Punishment for violation of privacy.

“Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both”

S. 67 A - Punishment for publishing or transmitting of material containing

sexually explicit act, etc. in electronic form

“Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees”

S. 67 C - Preservation and Retention of information by intermediaries.

“(1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.

(2) Any intermediary who intentionally or knowingly contravenes the provisions of sub section (1) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.”

IT AMENDMENT ACT,2008It has added several new sections on offences including cyber terrorism and data production IT Amendment act 2008 has been passed by the parliament on 23rd

december,2008 and came into force from October 27,2009 onwards.

FEATURES OF ITAA,2008• Focusing on data privacy

• Focusing on information security

• Making digital signature technology neutral

• Defining reasonable security practices to be followed by corporate

• Penalty for securing access to a protected system.

• Tampering with computer source documents

• Punishment for sending offensive or have menacing character

• Punishment for violation of privacy.

Arrests and Reports under IT Act Under the IT Act, 966 cybercrime cases were filed in 2010 (420 in 2009) Geographic breakdown of cases reported:

153 from Karnataka, 148 from Kerala 142 from Maharashtra 105 Andhra Pradesh 52 Rajasthan 52 Punjab

233 persons were arrested in 2010 33% of the cases registered were related to hacking

Arrests and Reports Under IPC Under the IPC, 356 cybercrime cases were registered in 2010 (276 cases in 2009) Geographic breakdown of cases reported --

104 from Maharashtra 66 Andhra Pradesh 46 Chhattisgarh

The majority of these crimes were either forgery orfraud cases.

Source: National Crime Records Bureau

Counter Measures

An important question arises that how can these crimes be prevented. A number of techniques and solutions have been presented but the problems still exists and are increasing day by day.

Anti Virus

Firewalls

Cryptography

Cyber Laws

The Future of Cyber-Crimes in India

Continued Website Hacks and Defacements

Data and Information theft

Increasing phishing attacks on Ecommerce and Financial Websites

Cybercriminals targeting Social and Professional Networks

Threats directed at the Mobile Platform: Smartphones and Tablets

CASE STUDYOctober 2, 2014

Unable to challenge the might of Google with his potent search engine tezguru.com in the want of funds in 2009, a teenaged techno genius Shivendu Madhav turned into an alleged

cyber criminal five years later.

The 22-year-old techno whizkid from Siwan district of Bihar, Shivendu was arrested by the UP STF on October 1 in Lucknow, for allegedly being the tech brain of a Varanasi-based racket of youths, who had allegedly created the fake portal of the Railway Recruitment

Board tezguru.com, had even won accolades from former president Dr APJ Abdul Kalam in

2009 at a techno exhibition in Bihar Duped large number of job aspirants nationwide in the name of railway jobs, spanning

from track men to ticket collector The young fraudsters had not only developed the fake RRB-Bhopal website, but also gave

hypertext links to RRB's official website http://www.rrbbpl.nic.in/so that anybody logging on to the fake site and clicking on a link was taken to the official site, adding credibility to the fraudsters' claims

Processing fees of Rs 300 and Rs 500

Police came to know about Shivendu through a Mumbai-based internet payment gateway which was being used by him and aides and subsequently located the racket to be based in Varanasi.

To ensure that duped job aspirants get their money back, Rs 13 lakh sum earned by fraudsters has been blocked with the internet payment gateway being used by them and the money will soon be reimbursed to job aspirants

SHIVENDU MADHAV

CONCLUSIONAs internet technology advances so does the threat of cyber crime. In

times like these we must protect ourselves from cyber crime. Anti-virus software, firewalls and security patches are just the beginning.

Though a crime free society exists only in a dream- land, it should be constant endeavour of rules to keep the crimes lowest. Technology is

always a double-edged sword and can be used for both the purposes – good or bad. But, it should be the persistent efforts of rulers and law makers to ensure that technology grows in a healthy manner and is used for legal and ethical business growth and not for committing

crimes.

The enforcement agencies are required to be well versed with the changing technologies and Laws.”

REFERENCES http://

timesofindia.indiatimes.com/city/indore/Unable-to-challenge-Googles-might-with-his-search-engine-Bihars-techno-genius-plunged-into-cyber-crime/articleshow/44102692.cms

http://www.cyberlawsindia.net/ http://infosecawareness.in/cyber-laws/cyber-law-in-india Dhawesh Pahuja July 17, 2011 Legal Articles, Miscellaneous Legal Articles http://www.legalindia.in/cyber-crimes-and-the-law/ Satheeshgnair.blogspot.com

THANK YOU FOR YOUR PATIENCE

Queries are Welcomed