CYBER LAWS AND INFORMATION TECHNOLOGY
Owning a computer or any device and surfing on web is common nowadays . When people use it as a part of technological development, they will also misuse it for illicit activities in the cyber world. As to the wide use of internet it was easy for people to commit criminal activities on internet using computer as a weapon and user as the target.
INTRODUCTION
Invention is done when the need arises and along with the positive uses of the invention also there are the negative users and things need to be protected with them, also they must be fearful of improper use of anything. Information technology, the term itself says concerning the supply of data like data system, retrieval, knowledge storage, analysis, access and intelligent deciding.[1]
As we can see now days there everything is digital starting from the payment of a single rupee to the classes of the children. And they require computer and internet as well. Owning a computer or any device and surfing on web is common nowadays, so when people will use it also they will misuse and to control that misuse of computer and internet and other source of information technology the cyber laws were enacted and implemented.
The area of law dealing between the Internet's relationship to the technological and electronic elements, and includes computers, software, hardware and information systems is known as Cyber Law. The Cyber laws are well browsed with I.T ACT 2000. And is the primary law to deal with cyber crime[2].
INFORMATION TECHNOLOGY ACT 2000
The Information Technology Act, 2000 provides legal recognition for transactions distributed by means that of electronic information interchange and different means of electronic communication, unremarkably termed to as “electronic commerce”, which is an alternative to communication and storage of information, and facilitate electronic filing of documents with the Government agencies and amends, The Indian Penal Code1860, The Banker’s Books Evidence Act 1891, The Reserve Bank Of India Act 1934, The Information Technology Act 2000, and The Indian Evidence Act reach the entire of India and it applies conjointly to any offence or resistance their beneath committed outside India by anyone.
CYBER CRIME
Defining Cyber Crimes, as the acts ‘Unpunishable’ by the Information Technology Act2000 would be unsuitable, as the Indian Penal Code 1860 covers many cyber crimes, such as email spoofing and cyber defamation, sending threatening emails etc.
Types of cyber crimes-
- Tempering with computer source documents
- Hacking
- Accessing protected system
- Child pornography
- Breach of confidentiality and privacy
CYBER CRIMES AND THE RELATION WITH INFORMATION TECHNOLOGY ACT
Cyber crimes included in Information Technology Act 2000 namely-
Stalking |
Squatting |
Data diddling |
Defamation |
Trojan attack |
Forgery |
Financial crimes |
Internet time theft |
Virus/worm |
Email spoofing |
Email bombing |
Web jacking |
BACKGROUND FOR CYBER LAWS-
Around 1969 department of defense of America commissioned the construction of a network called ARPANET. (Advanced Research Project Agency Network). Then the military network slowly grew and the internet was known. Then with the report of IDC Approx. 163 million users or entities will use the internet by the end of this year as the data was 16 million in 1995. And now the present scenario or conditions make it necessary to make the laws for using internet, and cyber laws more important.
As to the wide use of internet it was easy for people to commit criminal activities on internet using computer as a weapon and user as the target and also people might heard of many such online frauds.
Types of Cyber Crimes
- Unauthorized access and hacking- When someone access your computer without your permission.
- Trojan attack - Program that damps the system.
- Virus/worm attack - Program that spread in to the device and make copies of itself to harm the data.
- Email spamming and email related frauds.
- Denial of service – The process to flood the network and prevent legitimate network traffic.
WHAT NEEDS TO BE DONE?
One can save himself from being the victim of cyber crime by taking certain measures mentioned below:-
- Install anti-virus
- Backup your data regularly
- Secure wireless networks
- Prefer using firewall
- Never save your personal details on-line
- Never access your cards from café
- Choose robust passwords & Protect your privacy
CASES OF CYBER CRIME IN INDIA
- Cosmos Bank Cyber Attack in Pune[3]
Hackers hacked for around 94.42 crore through ATMS and online transfer and Rs. 13.92 crore via Swift Transfers. And around 80.50 crore by multiple swipe in different countries and 61 lakhs from Jaipur and Indore ATMS.
5 suspects in chargesheet
- Feroz Yasin Shaikh (37), Mumbai
- Salman Naeem Baig (31)
- Shahbaz Arif Khatri (30)
- Asif Jamil Shaikh (31)
- Shahbaz Farooq Shaikh (29)
“The Criminals were treated like those innocent that were employed simply to withdraw the quantity from the ATMs and that they use to induce the commission for this work. The data taken was sold-out to the opposite sites for other use that may produce a nuisance. It was considered that the mastermind escape from the country and is staying somewhere in the middle east.
- UIDAI Aadhaar Software Hacked[4]
The Non- Public information of the Republic of india was leaked such as Aadhar, PAN, mobile numbers, Bank account Numbers and Ifsc Codes. The collected information was being used to be sold by anonymous seller or a very minimum amount and also one was able to download the aadhar card of another by paying extra bucks.
- SIM Swap Scam
In August 2018,Two hackers who committed a cyber crime of 4 crores by transferring them from many bank accounts. They did it by getting the sim card details of the users and use to block their Sim cards and with the assistance of net banking make the transaction Lateron by this incident people were cognizant concerning the cyber security frauds and it had been a example to save lot of them by such frauds as they just need to take few safety measures.
Hence implementing cyber security measures and following those guidelines[5] was thought to be necessary.
CYBER HACKING ONLINE FRAUD/SCAM IN INDIA, CYBER HACKING BE AWARE | TO KNOW MORE, VISIT -
GOVERNMENT MEASURES TO MANAGE CYBER CRIMES
Few organizations were established to require the mandtory measures to manage the cyber crime, such organizations are-
- Centre for democracy and technology
- Cert program
- Computer Crime Research Centre
- Cyber Tribunal
- Cyber Appellate Tribunal
- Forum of incidence response and security team
- High technology crime investigation association(HTCIA)
- Internet Crime Complaint Centre(IC3)
- Internet fraud watch(IFW)
- IT Security and crime prevention- Interpol
BY- GAURAV DUBEY
[1] Jain, S., 2012. Foundation of information technology (cbse-class x).
[2] (Information Technology Act, 2000, 2000)
[3] https://www.hindustantimes.com/cities/15-months-later-no-lead-in-rs-94-cr-cosmos-bank-cyber-fraud-case/story-Ar6lk69HLJmBEyt9jGsx0K.html
[4] https://economictimes.indiatimes.com/news/politics-and-nation/uidai-refutes-aadhaar-software-hacking-report/videoshow/65773454.cms?from=mdr
[5] https://timesofindia.indiatimes.com/gadgets-news/sim-swap-fraud-2-indications-that-you-may-have-become-a-victim/articleshow/78442397.cms#:~:text=NEW%20DELHI%3A%20A%20SIM%20swap,required%20for%20doing%20financial%20transactions.&text=%E2%80%9CStay%20alert%20and%20practice%20safe%20banking.