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Information Technology Act rather than giving Information & Technology gives rise to more Cyber Crimes
Information Technology Act 2000 & Cyber Crimes
Master of Management Studies Semester II (DIV-A)
Roll No. 01 03 05 07 09 11 13 15 17 19 Sanket Jog Deep Gala Vrushal Sangvekar Rajshekhar C.K Prachi Pharande Satish Sirpuram Dhirajkumar Gite Sushant Abhyankar Chaitra Poojary Group Members Ganesh Gite
Objective of the Project: To find out the scope of the Act To find out loop holes in IT Act 2000 The current scenario Scope for Improvement
2|Page Information Technology Act 2000 & Cyber Crimes
Sr. No 1 2 3 4 5 6 Particulars Introduction: Information Technology Information Technology Act 2000 Information Technology (Amendment) Act, 2008 Cyber Crime Types of Cyber Crime National Association of Software and Service Companies (NASSCOM) 7 8 9 10 Facts & Figures Case Study Conclusion Bibliography & Webliography 23 29 34 37 Page No. 4 5 7 15 16 21
Information Technology Act 2000 & Cyber Crimes
retrieve. Need of Information Technology Act 2000: Society is developing along with time. but it also encompasses other information distribution technologies such as television and telephones. play an important role in society. internet. electronics. to control the cyber crime & regulating e-commerce. such as computer hardware. The criminals have changed their attitude in type of crimes according to development of modern technology. are the new means of crime in modern time. often in the context of a business or other enterprise. transmit and manipulate data. Now the Era is changing and modern era is the era of cyber. Technical development is associated with social development. Today's businesses rely more heavily on technology than ever before. Several industries are associated with information technology. credit card fraud.Information Technology Information technology (IT) is the application of computers and telecommunications equipment to store. semiconductors. 4|Page Information Technology Act 2000 & Cyber Crimes . data theft etc. Therefore. So many legal issue and question have arising with the invention of internet . Every where you will find their use in every sphere of life. software. telecom equipment. and e-commerce and computer services. In modern time computer. For the welfare and development of society laws must be changed accordingly. The crime also takes places through these means of communication for example: Hacking Cracking. internet. From improved telecommunications to online payment options. the law is also developed accordingly.Indian Parliament have passed IT act. So that we may check restrict the new methods of crimes and can balance our society. Even the ability to accept credit or debit card payments at retail stores requires a complex system of bank exchanges and telecommunications in order to operate smoothly and reliably. mobile etc. most modern businesses could not function as effectively or efficiently without technology. with the development of society. From house to market you will find that our economy is dependent on these instruments. The term is commonly used as a synonym for computers and computer networks.
Act 2000 to give legal recognition to any transaction which is done by electronic way or use of internet. To give legal recognition for keeping books of accounts by bankers and other companies in electronic form. 3.Information Technology Act 2000 Connectivity via the Internet has greatly abridged geographical distances and made communication even more rapid. 2. While activities in this limitless new universe are increasing incessantly. In order to keep pace with the changing generation. 5|Page Information Technology Act 2000 & Cyber Crimes . the Indian Parliament passed the much awaited Information Technology Act. It is objective of I.T. Act 2000.T. any company can store their data in electronic storage. 5. 6. But on the whole. To give legal recognition to digital signature for accepting any agreement via computer. a debate over certain controversial issues continues. laws must be formulated to monitor these activities. 4. it is a step in the right direction for India. However. Some countries have been rather vigilant and formed some laws governing the net. even after it has been passed. According to I. 2000. A large portion of the industrial community seems to be dissatisfied with certain aspects of the Act. The objectives of the Information Technology Act 2000: 1. To provide facility of filling document online relating to school admission or registration in employment exchange. To stop computer crime and protect privacy of internet users.
Advantages of I.T. nos. After making of this law. all above things are valid and these things are very helpful to promote e-commerce in India. Act 2000: 1.T. Attestation for giving power of attorney of property is not possible via electronic record. filling online forms for different purposes has become so easy. 2. Physical attestation is must. Payment via credit card is valid. Physical attestation by two witnesses is must. Helpful to promote e-commerce: Email is valid Digital signature is valid. 3. 3. Online contract is valid Above all things validity in eye of Indian law is very necessary. After making IT act 2000. certificate by Certifying authority. now Indian corporate business can enhance. Enhance the corporate business: After issuing digital signature. 6|Page Information Technology Act 2000 & Cyber Crimes .The scope of the Information Technology Act 2000: Every electronic information is under the scope of I. Act 2000: 1. 2. Filling online forms: After providing facility. Act 2000 is not applicable on the attestation for making will of any body.T. of cyber crime has reduced. A contract of sale of any immovable property. High penalty for cyber crime: Law has power to penalize for doing any cyber crime. 4. Act 2000 but following electronic transaction is not under I. I. 4.T. Information technology act 2000 is not applicable on the attestation for creating trust via electronic way.
2. No protection for domain names. Subject to the provisions of this section.T. This includes digital signatures as one of the modes of signatures and is far broader in ambit covering biometrics and other new forms of creating electronic signatures. Any person by the use of a public key of the subscriber can verify the electronic record. This is a positive change as India has different segments people and all may not be technologically adept to understand and use the digital signatures. Act is silent on taxation. Explanation: Any contract which is done by subscriber. The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record. any subscriber may authenticate an electronic record by affixing his digital signature. In case bank. 4.Limitations of I. allowing forms of authentication that are simpler to use such as retina scanning can be quite useful in effective implementation of the Act. If he signs the electronic agreement by digital signature. Then it will be valid. 3. 7|Page Information Technology Act 2000 & Cyber Crimes . 2008] India has become technologically neutral due to adoption of electronic signatures as a legally valid mode of executing signatures. Therefore. No. Electronic signatures introduced [IT (Amendment) Act. trusts and will. Act 2000: Infringement of copyright has not been included in this law. provision of payment of stamp duty on electronic documents. Chapter II Digital Signature (Information Technology Act 2000) Section-3 Authentication of electronic records: 1. the verification of digital signature can be on the basis of key pair. The act is not applicable on the power of attorney. The private key and the public key are unique to the subscriber and constitute a functioning key pair.
an acknowledgement may be given by: (a) any communication by the addressee. then. (a) if it was sent by the originator himself. Chapter IV Attribution. sufficient to indicate to the originator that the electronic record has been received. Section-12 Acknowledge of receipt: (1) Where the originator has not agreed with the addressee that the acknowledgement of receipt of electronic record be given in a particular form or by a particular method. (b) by a person who had the authority to act on behalf of the originator in respect of that electronic record. automated or otherwise. Explanation: It explains in detail that all electronic records of government are acceptable unless any other law has any rules regarding written or printed record. or (b) any conduct of the addressee. such requirement shall be deemed to have been satisfied if such information or matter is(a) rendered or made available in an electronic form. and (b) accessible so as to be usable for a subsequent reference. or (c) by an information system programmed by or on behalf of the originator to operate automatically. Acknowledgement and Dispatch of Electronic records (Information Technology Act 2000) Section-11 Attribution of electronic records: An electronic record shall be attributed to the originator. 8|Page Information Technology Act 2000 & Cyber Crimes . notwithstanding anything contained in such law.Chapter III Electronic Governance (Information Technology Act 2000) Section-4 Legal recognition of electronic records: Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form.
was: (a) unique to the subscriber affixing it. For Example: While booking ticket on IRCTC website. (b) capable of identifying such subscriber. Chapter V Secure Electronic records and secure digital signatures (Information Technology Act 2000) Section-14 Secure electronic record: Where any security procedure has been applied to an electronic record at a specific point of time. then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. Explanation: It enables powers to organization for securing the electronic records and secure digital signature. at the time it was affixed. They can secure by applying any new verification system.Explanation: It deals with receipts or acknowledgement of any electronic record. Section-15 Secure digital signature: If. once the transaction is done we get a confirmation on mobile or email with details of ticket booked and it‟s a form of electronic receipts or acknowledgement. it can be verified that a digital signature. (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which related in such a manner that if the electronic record was altered the digital signature would be invalidated. then such digital signature shall be deemed to be a secure digital signature. 9|Page Information Technology Act 2000 & Cyber Crimes . by application of a security procedure agreed to by the parties concerned. Every electronic record has any proof that is called receipt and it should be in the hand who records electronic way.
computer system or computer network including information or data held or stored in any removable storage medium. damages or causes to be damaged and computer. etc: If any person without permission of the owner or any other person who is in charge of a computer. Explanation: For the purposes of this section. Introduces or causes to be introduced any computer contaminant or computer virus into any computer. denies or causes the denial of access to any person authorised to access any computer. computer system or compute network he shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected.Chapter VIII Duties of Subscribers (Information Technology Act 2000) Section-43 Penalty for damage to computer. provides any assistance to any person to facilitate access to a computer. computer system or computer network. computer system or computer network. record.accesses or secures access to such computer. computer system or computer network downloads. or (b) by any means to usurp the normal operation of the computer. data. destroy. computer system or computer network. transmit date or programme residing within a computer. computer system or computer network by any means. disrupts or causes disruption of any computer. computer system or computer network. charges the services availed of by a person to the account of another person by tampering with or manipulating any computer. computer system or computer network. compute system. computer system. . computer database or any other programmes residing in such computer. (i) "computer contaminant" means any set of computer instructions that are designed: (a) to modify. 10 | P a g e Information Technology Act 2000 & Cyber Crimes . computer system or computer network in contravention of the provisions of this Act. rules or regulations made thereunder. computer system or computer network. or computer network. copies or extracts any data. computer data base information from such computer.
but does not include a body corporate referred to in Section 43A. computer system etc. online payment sites. “Intermediary” with respect to any particular electronic records. search engines. concepts or instructions in text. [IT (Amendment) Act. it shall be liable to pay damages by way of compensation to the person so affected. date or instruction is executed or some other even takes place in that computer resource. computer system or computer network. audio. means any person who on behalf of another person receives. data or programme that destroys. One Crore (approximately USD 200. video that are being prepared or have been prepare in a formalised manner or have been produced by a computer. knowledge. has been deleted and the relevant parts of the section have been substit uted by the words. 11 | P a g e Information Technology Act 2000 & Cyber Crimes . add. (iii) "computer virus" means any computer instruction. If such body corporate is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person. image. “he shall be liable to pay damages by way of compensation to the person so affected”.(ii) "computer database" means a representation of information. alter. delete. stores or transmits that record or provides any service with respect to that record and includes telecom service providers. modify or re-arrange any computer resource by any means. degrades adversely affects the performance of a computer resources or attaches itself to another itself to another computer resources and operates when a programme. web-hosting service providers. (iv) "damage" means to destroy. network service providers. internet service providers. The damages of Rs. information.000) prescribed under section 43 of the earlier Act for damage to computer. online market places and cyber cafes. dealt or handled by a body corporate in a computer resource which such body corporate owns. 2008] A new definition has been inserted for “intermediary”. controls or operates. facts. A new section 43A has been inserted to protect sensitive personal data or information possessed. online-auction sites. computer system or computer network and are intended for use in a computer. damages.
"computer source code" means the listing of programmes. he would usually have direct or indirect access to the source code. computer programme. Explanation: For the purposes of this section. or with fine which may extend up to two lakh rupees. or with both. 12 | P a g e Information Technology Act 2000 & Cyber Crimes . A would then contact potential buyers to make the sale to earn profit through illegal means or A uses it as a base to make and sell his own version of the software. If the person A is an employee of the victim. commits hacking. (2) Whoever commits hacking shall be punished with imprisonment up to three years. A would also use social engineering to get unauthorized access to the code. A would steal a copy of the source code and hide it using a virtual or physical storage device. shall be punishable with imprisonment up to three years. or alter any computer source code used for a computer. compute commands. design and layout and programme analysis of computer resource in any form. destroy. Section-66 Hacking with Computer System: (1) Whoever with the intent of cause or knowing that is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means.Chapter XI Offences (Information Technology Act 2000): Section-65 Tampering with computer source documents: Whoever knowingly or intentionally conceals. computer system or computer network. or with both. For Example: The person A steals the source code and sells it to a business rival of the victim B. If A is not an employee of the B. when the computer source code is required to be kept or maintained by law for the time being in force. he would hack into the victim‟s servers to steal the source code. or with fine which may extend up to two lakh rupees.
(Source: TNN Feb 10.[IT (Amendment) Act. 13 | P a g e Information Technology Act 2000 & Cyber Crimes . Margao. 2013. 01. on January 29 and fraudulently withdrew 2. Clemente made inquiries with the bank authorities who confirmed the transaction. identity theft. Following an SMS alert received on his wife's mobile phone about the withdrawal of the said amount through e-banking. Section-67 Publishing of information which is obscene in electronic form: Whoever publishes or transmits or causes to be published in the electronic form. to read. Ramachandra Nayak. lodged a complaint with the Margao police against unknown persons for defrauding their customer. on Saturday. any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely. The fact came to light when Clemente realized that the amount was debited from his account without his knowledge or authorization. Acting on the complaint. see or hear the matter contained or embodied in it. having regard to all relevant circumstances.5 lakh from it. the Margao town police booked an offence against unknown accused under Sections 419 and 420 of the IPC and Sections 65 and 66 of the IT Act. Caselet: E-banking theft: Hackers steal Rs 2. Police sources said that Clemente is a NRI account holder with the Margao branch of the Central Bank of India. The manager of the NRI branch of the Central Bank of India. 2008] It includes punishment for offenses such as obscene electronic message transmissions. cheating by impersonation using computer resource. 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 one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.42AM IST) MARGAO: An unknown cyber criminal allegedly hacked into the NRI bank account of Savio Joao Piedade Clemente from Borda.5L. violation of privacy and cyber terrorism.
000).000 (approximately USD 2000) to Indian Rupees 500. or with fine which may extend to one lakh rupees.[IT (Amendment) Act. or with both. 14 | P a g e Information Technology Act 2000 & Cyber Crimes . Section-74 Publication for fraudulent purpose: Whoever knowingly creates publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years. 2008] Section 67 of the old Act is amended to reduce the term of imprisonment for publishing or transmitting obscene material in electronic form to three years from five years and increase the fine thereof from Indian Rupees 100. It deals with penal provisions in respect of offenses of publishing or transmitting of material containing sexually explicit act and child pornography in electronic form.000 (approximately USD 10. with the obligation of an intermediary to preserve and retain such information as may be specified for such duration and in such manner and format as the central government may prescribe.
with the use of high technology. pornography. analyse etc. financial crimes. cyber defamation. Though the word Crime carries its general meaning as “a legal wrong that can be followed by criminal proceedings which may result into pu nishment” whereas Cyber Crime may be “unlawful acts wherein the computer is either a tool or target or both”. data storage. physically damaging the computer system etc. It can also include „denial of services‟ and viruses attacks preventing regular traffic from reaching your site.CYBER CRIME In the era of cyber world as the usage of computers became more popular. theft of information contained in the electronic form. intellectual property crime. e-mail. 15 | P a g e Information Technology Act 2000 & Cyber Crimes . sale of illegal articles. unauthorized access to Computer system. there was expansion in the growth of technology as well. Cyber crimes also includes criminal activities done with the use of computers which further perpetuates crimes i. and the term „Cyber‟ became more familiar to the people. spoofing. The evolution of Information Technology (IT) gave birth to the cyber space wherein internet provides equal opportunities to all the people to access any information. It could be hackers vandalizing your site. online gambling. misuse of technology in the cyberspace was clutching up which gave birth to cyber crimes at the domestic and international level as well. Cyber crimes are not limited to outsiders except in case of viruses and with respect to security related cyber crimes that usually done by the employees of particular company who can easily access the password and data storage of the company for their benefits.e. e-mail bombing. viewing confidential information. Due to increase in the number of cybercitizens. forgery. cyber stalking. stealing trade secrets or intellectual property with the use of internet.
e-mail. text messages. webcam. Cracking: It is amongst the gravest cyber crimes known till date. Defamation: It is an act of imputing any person with intent to lower down the dignity of the person by hacking his mail account and sending some mails with using vulgar language to unknown persons mail account. websites or videos. 16 | P a g e Information Technology Act 2000 & Cyber Crimes . it is very difficult to find out what is actually a cyber crime and what is the conventional crime so to come out of this confusion. It is a dreadful feeling to know that a stranger has broken into your computer systems without your knowledge and consent and has tampered with precious confidential data and information. Cyber Crimes against Persons: There are certain offences which affect the personality of individuals can be defined as: Cyber Stalking: It means expressed or implied a physical threat that creates fear through the use to computer technology such as internet. cyber crimes can be classified under different categories which are as follows: 1.TYPES OF CYBER CRIME Classifications of Cyber Crimes: Cyber Crimes which are growing day by day. phones.
using a username of www.com/ might deceive a casual observer into believing that it will open a page on www.com Carding: It means false ATM cards i. such as passwords and credit card details. The criminal also asks for some processing charges to be paid so that the amount can be transferred.tripod.somebank. whereas it actually directs the browser to a page on members. It shows it‟s origin to be different from which actually it originates.tripod. Many a times the person to whom the mail has been sent pays the processing charges but does not receives the prize money mentioned in the mail. Phishing: In computing. There is always unauthorized use of ATM cards in this type of cyber crimes. phishing is a form of social engineering. For example: The link http://www.00. Debit and Credit cards used by criminals for their monetary benefits through withdrawing money from the victim‟s bank account.com.somebank. such as an email or an instant message. characterized by attempts to fraudulently acquire sensitive information.com. which misrepresents its origin.somebank.com@members. For Example: Criminal sends a message via e-mail like “ Congratulations you have won $100.000” to a random persons e-mail address and thereby asks the receiver of the mail to fill in some personal details so that the money can be transferred to the receiver of the mail. 17 | P a g e Information Technology Act 2000 & Cyber Crimes . E-Mail Spoofing: A spoofed e-mail may be said to be one. by masquerading as a trustworthy person or business in an apparently official electronic communication.e.
It may include within its purview any kind of physical harm done to the computer of any person.com. There are certain offences which affects person‟s property which is as follows: Intellectual Property Crimes: Intellectual property consists of a bundle of rights. For example two similar names i. These acts may take the form of the theft of a computer. infringement of copyright. some part of a computer or a peripheral attached to the computer.yahoo. designs and service mark violation. Any unlawful act by which the owner is deprived completely or partially of his rights is an offence. Crimes Against Persons Property: As there is rapid growth in the international trade where businesses and consumers are increasingly using computers to create.com and www. Cyber Squatting: It means where two persons claim for the same Domain Name either by claiming that they had registered the name first on by right of using it before the other or using something similar to that previously. alter. Cyber Vandalism: Vandalism means deliberately destroying or damaging property of another. transmit and to store information in the electronic form instead of traditional paper documents. The common form of IPR violation may be said to be software piracy. 18 | P a g e Information Technology Act 2000 & Cyber Crimes .yaahoo. theft of computer source code. or damage data or system by using wireless internet connection. trademark.e. misuse. Cyber Trespass: It means to access someone‟s computer without the right authorization of the owner and does not disturb..2. etc. Thus cyber vandalism means destroying or damaging the data when a network service is stopped or disrupted. patents. www.
Cybercrimes Against Government: There are certain offences done by group of persons intending to threaten the international governments by using internet facilities. It is a form of information warfare sometimes seen as analogous to conventional warfare although this analogy is controversial for both its accuracy and its political motivation. The common form of these terrorist attacks on the Internet is by distributed denial of service attacks.3. attacks on sensitive computer networks etc. hate websites and hate e-mails. Distribution of pirated software: It means distributing pirated software from one computer to another intending to destroy the data and official records of the government. 19 | P a g e Information Technology Act 2000 & Cyber Crimes . Cyber terrorism activities endanger the sovereignty and integrity of the nation. Cyber Warfare: It refers to politically motivated hacking to conduct sabotage and espionage. It includes: Cyber Terrorism: Cyber terrorism is a major burning issue in the domestic as well as global concern.
contractual crimes. arms weapons etc. Forgery: It means to deceive large number of persons by sending threatening mails as online business transactions are becoming the habitual need of today‟s life style. 20 | P a g e Information Technology Act 2000 & Cyber Crimes . Cybercrimes Against Society at large: An unlawful act done with the intention of causing harm to the cyberspace will affect large number of persons. which affects large number of persons. Trafficking in the cyberspace is also a gravest crime. Financial Crimes: This type of offence is common as there is rapid growth in the users of networking sites and phone networking where culprit will try to attack by sending bogus mails or messages through internet. etc. There are many cases that have come to light are those pertaining to credit card crimes. Cyber Trafficking: It may be trafficking in drugs.4. These offences include: Child Pornography: It involves the use of computer networks to create. offering jobs. It also includes activities concerning indecent exposure and obscenity. human beings. Ex: Using credit cards by obtaining password illegally. Online Gambling: Online fraud and cheating is one of the most lucrative businesses that are growing today in the cyber space. or access materials that sexually exploit underage children. distribute.
1860. registered under the Societies Act. NASSCOM is a global trade body with over 1350 members. build and uphold highest quality standards and become globally competitive. of which over 250 are global companies from the US. IT-enabled/BPO services and e-commerce. UK. NASSCOM members are participants in the new global economy and are reputed for their cutting-edge business practices and social initiatives. EU. software services. It is a not-for-profit organization. NASSCOM is committed to work proactively to encourage its members to adopt world class management practices. NASSCOM's member companies are in the business of software development. NASSCOM was set up to facilitate business and trade in software and services and to encourage advancement of research in software technology. software products. NASSCOM's Vision: NASSCOM's vision is to establish India as the 21st century's software powerhouse and position the country as the global sourcing hub for software and services. In India and around the world.NASSCOM NASSCOM is India's National Association of Software and Service Companies. NASSCOM has been the strongest proponent of global free trade in India. 21 | P a g e Information Technology Act 2000 & Cyber Crimes . Japan and China. the premier trade body and the chamber of commerce of the IT software and services industry in India.
Other goals include facilitation of trade and business in software and services. IT workforce development and enhance cyber security. It also boosts the process of Innovation. enabling the growth of the Indian economy and provide compelling business benefits to global economies by global sourcing. encouragement and advancement of research. Strengthen the brand equity of India as a premier global sourcing destination. Strive for a thought leadership position and deliver world-class research and strategic inputs for the industry and its stakeholders. Strive to uphold Intellectual Property Rights of its members. NASSCOM is achieving its objectives by following a seven fold strategy: Partner with Government of India and State Governments in formulating IT policies and legislation.Aims and Objectives: The primary objective of NASSCOM is to act as a catalyst for the growth of the software driven IT industry in India. Partner with global stakeholders for promoting the industry in global markets. Encourage members to uphold world class quality standards. Continuous engagement with all member companies and stakeholders to devise strategies to achieve shared aspirations for the industry and the country. propagation of education and employment. 22 | P a g e Information Technology Act 2000 & Cyber Crimes . Expand the quantity and quality of the talent pool in India. NASSCOM also endeavors to leverage IT and narrow the digital divide in India and enable her citizens to enjoy the benefits of IT.
The average daily financial cost per victim is $192." he said. The report says more that globally there are more that 1. estimates that 42 million Indians have become victims of cyber attacks in the past 12 months. Norton By Symantec. 32 per cent of online adults have been victims of social or mobile cyber crime in the past year . The Norton Cyber Crime Report 2012 also says that 66 per cent of net-connected Indian adults have been victims of cybercrime in their lifetime. No wonder then that a fifth of social network users have reported that their accounts have been hacked into. Asia Pacific. 57 per cent of Indian social network users have a security tool to protect against threats on these platforms. "Their success is also fuelled by our love for free mobile apps and our unfounded trust of links posted by friends on social networks.22 per cent of all social network users have been attacked in some way with 15 per cent becoming links of scams and fake links. the loss is estimated at $110 billion. said cyber criminals are constantly evolving and are now focusing their energies on popular social networking platforms.000 victims of cybercrime every day that is 80 victims per minute. Hall says most people make themselves and their friends vulnerable due to their tendency to overshare personal information and links. cost $8 billion: Norton Source: http://businesstoday. 23 | P a g e Information Technology Act 2000 & Cyber Crimes . Regional Consumer Product Marketing Manager. Still.15.html The annual Norton Cyber Crime report estimates that India suffered losses of approximately $8 billion due to cyber crime in 2011. which is the result of one of the world's largest consumer cyber crime studies. The report. this is more than the global number of 44 per cent. David Hall.Facts and Figures Cybercrime hit 42 million Indians in 2011.in/story/cybercrime-hit-42-mn-indians-in-2011-cost-$8-bnnorton/1/187969. Globally. On the bright side. up from $163 last year. Norton estimates that 14 per cent of social network users don't check links before sharing them with others. In India.intoday.
24 | P a g e Information Technology Act 2000 & Cyber Crimes . And 67 per cent of them realise they have been attacked only when their computer crashes or slows down. says the report. This could be because a similar number of people don't know that malware can actually work in the background stealing your valuable information.Only 56 per cent online adults in India understand the risk of cyber crime and know how to protect them. The report found that a fourth of online users still don't use a strong password or change it at regular intervals.
25 | P a g e Information Technology Act 2000 & Cyber Crimes .
norton.pdf 26 | P a g e Information Technology Act 2000 & Cyber Crimes .com/now/en/pu/images/Promotions/2012/cybercrimeReport/2012_Norton _Cybercrime_Report_Master_FINAL_050912.Source: http://nowstatic.
in.com/news/general/1791-cyber-crime-cases-registered-in-india-in2011/322162 27 | P a g e Information Technology Act 2000 & Cyber Crimes .Source: http://tech2.
28 | P a g e Information Technology Act 2000 & Cyber Crimes .
Customer education is very important so customers do not get taken for a ride.000 from accounts of four US customers were dishonestly transferred to bogus accounts. They must have remembered these numbers. Most banks are guilt of not doing this. It is a case of sourcing engineering. This will give a lot of ammunition to those lobbying against outsourcing in US. gone out immediately to a cyber café and accessed the Citibank accounts of the customers. 29 | P a g e Information Technology Act 2000 & Cyber Crimes . We must still ensure such checks when a person is hired. Highest security prevails in the call centres in India as they know that they will lose their business. Some employees gained the confidence of the customer and obtained their PIN numbers to commit fraud. However. Police has been able to prove the honesty of the call centre and has frozen the accounts where the money was transferred. The call center employees are checked when they go in and out so they cannot copy down numbers and therefore they could not have noted these down. All accounts were opened in Pune and the customers complained that the money from their accounts was transferred to Pune accounts and that‟s how the criminals were traced. There was not as much of breach of security but of sourcing engineering. There is need for a strict background check of the call center executives. They got these under the guise of helping the customers out of difficult situations. There is need for a national ID and a national data base where a name can be referred to. Such cases happen all over the world but when it happens in India it are a serious matter and we cannot ignore it.Case Study 1. In this case preliminary investigations do not reveal that the criminals had any crime history. best of background checks cannot eliminate the bad elements from coming in and breaching security. Pune Citibank Mphasis Call Center Fraud: US $3.50.
com case: CEO of Bazee. The Delhi High Court on 28th instant reportedly allowed proceedings against Avinash Bajaj. The case involved posting of an obscene video for auction on the website by a student of IIT Kharagpur. The CD was also being sold in the markets in Delhi. Now there appears to be some development in the Case. However. managing director of Baazee. The developments in the case are therefore of interest to observers of Cyber Law in India. despite their sincere effort to implement the amendments. The CEO was later released on bail. which fixes the responsibility of a person for the conduct of business of the company as well as the company is being allowed.com. in the incident along with Section 67 of ITA 2000. The burden rests on the accused that he was the Service Provider and not the Content Provider. Bazee. It also raises a lot of issues regarding how the police should handle the cyber crime cases and a lot of education is required. The Mumbai city police and the Delhi Police got into action. This opened up the question as to what kind of distinction do we draw between Internet Service Provider and Content Provider. The case had opened a good debate on the application of section 292 of IPC. for allowing an auction of a pornographic video clip involving two students on his website.com and its CEO Avnish Bajaj under section 67 of ITA 2000 was a watershed event in the Cyber Law history in India. 30 | P a g e Information Technology Act 2000 & Cyber Crimes . the effort was frustrated by a timely action by the Parliamentary Committee which pointed out many of the inadequacies of the proposal and sent the ITA 2000 Amendment Bill back to the drawing board.com and allegedly conspired to change the laws to get them exonerated through the proposed amendment to ITA 2000.2. The case against Baazee. the requirement of "Due Diligence" under Section 85 of the ITA 2000 etc. The case had also attracted attention since the IT industry lead by FICCI as well as some of the political forces came strongly in favour of the influential baazee. Proceeding under sections 67 (publishing of information which is obscene in electronic form) and 85 of the Information Technology Act.com was arrested in December 2004 because a CD with objectionable material was being sold on the website.
The proposed amendment to ITA 2000 was already addressing the issue of removing the liabilities under ITA 2000. there is a danger of the case turning out to be a misleading precedent. From the point of view of Baazee. 31 | P a g e Information Technology Act 2000 & Cyber Crimes . Public has to be vigilant since there is a possibility of disinterest sneaking into the prosecution after the change of guard and may result in a verdict without a thorough analysis of the legal points involved.com litigation is entirely on the ITA risk.com this appears to be a positive development since the Company/CEO was under two main risks one from IPC and the other from ITA 2000. there is every possibility of the law being twisted or the judiciary being misled. It is not clear why the charge was dropped under Sec 292.com in this case. it would have been difficult to reject the charges under Sec 292. Though this has been stalled by the Parliamentary sub-committee. If the rejection is due to an inadequate pressing of charges by the Police. Was it because the video clipping was not considered a "Material equivalent to Paper document" covered by IPC? Was the content not deemed "obscene"? Was the act not considered "putting the obscene material into circulation"? Was there no "Receipt of Profit"? Was it not amounting to "Advertising and Promotion"? In case the spirit of Section 4 of ITA 2000 (legal recognition of electronic documents) had been considered. Now that the focus in the Baazee.However. the court appears to have quashed the criminal proceedings under sections 292 (sale of obscene books) and 294 (obscene acts and songs in public place) of the Indian Penal Code (IPC). One needs to wait and watch the developments of this landmark case. In view of the high profile nature of the Case. there is a possibility of the amendment process being expedited. it appears that the amendments are being re-introduced without all the changes proposed by the subcommittee and with retrospective effect so that it may protect Baazee.
including analysing and retrieving information from the laptop recovered from terrorist. The laptop contained several evidences that confirmed of the two terrorists‟ motives. 32 | P a g e Information Technology Act 2000 & Cyber Crimes . Constable Kamlesh Kumari was first to spot the terrorist squad. namely the sticker of the Ministry of Home that they had made on the laptop and pasted on their ambassador car to gain entry into Parliament House and the fake ID card that one of the two terrorists was carrying with a Government of India emblem and seal. who were gunned down when Parliament was under siege on December 13 2001. and 18 others were injured. (Prime Minister Atal Bihari Vajpayee and Opposition Leader Sonia Gandhi had already left). and began firing their weapons. who attacked Parliament. and a gardener were killed. got out. The laptop which was seized from the two terrorists. The emblems (of the three lions) were carefully scanned and the seal was also craftly made along with residential address of Jammu and Kashmir. five gunmen infiltrated the Parliament House in a car with Home Ministry and Parliament labels.3. One gunman. On 13 December 2001. the vest exploded. was shot dead. a Parliament security guard. many Members of Parliament (MPs) and government officials such as Home Minister LK Advani and Minister of State for Defence Harin Pathak were believed to have still been in the building at the time of the attack. The ministers and MPs escaped unhurt. wearing a suicide vest. was sent to Computer Forensics Division of BPRD after computer experts at Delhi failed to trace much out of its contents. The other four gunmen were also killed. The Vice President's guards and security personnel shot back at the terrorists and then started closing the gates of the compound. Parliament Attack Case: Bureau of Police Research and Development at Hyderabad had handled some of the top cyber cases. But careful detection proved that it was all forged and made on the laptop. While both the Rajya Sabha and Lok Sabha had been adjourned 40 minutes prior to the incident. The gunmen drove their vehicle into the car of the Indian Vice President Krishan Kant (who was in the building at the time). Five policemen.
Interview 33 | P a g e Information Technology Act 2000 & Cyber Crimes .
Absence of Liability for illegal blocking of websites. 5. etc. 2000.CONCLUSION As we can see the incidents of cyber crimes have always followed an upward trend in spite of the amendments made. Cyber Law of India that suffers from the following drawbacks: Non-inclusion of contemporary Cyber crimes and Contraventions like Phishing. Following are some of the loop holes which we have tried to figure out: 1. 2000. 4. Cyber Terrorism. Reporting of important matters pertaining to Cyber Law in India 2. 2000. If opening of Cyber Cells and Cyber Units is Cyber Security than perhaps India‟s best in the World at managing Cyber Security issues. Unfortunately. etc. Providing a comprehensive database for cases and incidents related to Cyber Law in India. we do not have a sound and secure ICT Security Base in India and Cyber security in India is still an ignored World. etc. blogs. Compromised emails. Lack of TechnoLegal compliance under the IT Act. We have tried to find out the possible loopholes in the act and the system which is preventing the proper implementation of such a force full act. Cyber extortions. A ready reference for problems associated with Cyber Law in India. Spamming. We have tried to figure out the various possible reasons as to why cyber crimes are on increasing inspite of there being high penalties and punishments. A confusion regarding Locus-standee and due diligence. Cyber Law in India is in its infancy stage. etc. On dealing of issues like Cyber terrorism and private defence. Besides these grey areas India is also facing problems of lack of Cyber Security as well as ICT Security. An obscure position of Freedom of speech and expression under the IT Act. Analysis of Cyber Law scenario in India. Lack of Wireless security under the IT Act. A techno-legal base is the need of the hour. 34 | P a g e Information Technology Act 2000 & Cyber Crimes . A lot of efforts and initiatives are required to make it a mature legal instrument. Absence of legal protection pertaining to IPRs in cyberspace. Absence of Private defence in cyberspace. 3. E-waste in India must be taken seriously.
Wherein they have given the new definition of the word Cyber Cafe. The reason he feels is that primarily the Act seeks to control Cyber crime. According to Mr Sethna. The IT Act has sought to achieve the great leap of providing these electronic records as evidences in a court of Law. Earlier Cyber Cafes were excluded from the purview of this act. the Act is very strong in terms of the provisions that it entails since it specifically deals with the E-Commerce transactions along with electronic Data Interchange. the Cyber Law in India is going to collapse. The truth remains that ICT Security in India is a myth and not reality. However the act talks about preventing cyber crimes from happening and that is where he believes the Act isn‟t as effective as it is supposed to be. When a law is made for preventing Cyber crimes the terms should be explained in detail and in depth. Interestingly the amendments don‟t exactly deal with what the term cyber crime encompasses which is not right. In the absence of a dedicated and sincere approach. It becomes extremely important to enforce a law which will legalise these forms of records. However now they have been included. This is done by the amendments made in the Act in the year 2008. however the term “Cyber crime” is not defined in the act.The ICT Security in India is equated with face saving exercises of false claims and redundant exercises. especially in today‟s time when we are moving rapidly from a paper based transaction mode to a paperless transaction mode. Also the Penalties and Imprisonment should be made stricter and more rigorous. According to Mr Advait Sethna (Practicing Advocate at the Hon Mumbai High court) the Information Technology Act is a very effective tool which will help curb the increasing menace of cyber crimes. He feels there is lot of scope for improvement in this Act. The Cyber Law in India requires a dedicated and proactive approach towards ICT and Cyber Security in India. These days many records and transactions happen in the electronic form. 35 | P a g e Information Technology Act 2000 & Cyber Crimes . What to include and what to exclude is something that the act doesn‟t mention categorically and specifically.
So there is strong machinery that can be used get justice and prevent cyber crimes from happening. Also many a times for the purpose of taking revenge people upload Objectionable content online. The attack on Taj and Oberoi Hotels. 36 | P a g e Information Technology Act 2000 & Cyber Crimes . The perceptions are becoming broader and so are the challenges. There are enough mechanisms which are set up to look into these matters. Now this is a very serious crime considering the far and wide reach of the cyber space and this happens on the individual level.The ITA is completely inadequate he feels when it comes to punishing the crime that directly affects the public for e. however the distinction should be drawn more precisely. An individual should first and foremost not indulge in any of the activities. The Act draws its link to the IPC. There is a cyber cell and now also we have the cyber appellate tribunal. During these attacks the internet and Laptops and the electronic mediums were misused on a large scale. At the same time if an individual is witnessing a crime happening in cyber space he or she should immediately lodge a complaint. the internet is fast becoming a source of livelihood as against previous years when it was just a medium to browse and search for stuff. So the new challenges will force the ITA to get revamped. An individual needs to bear in mind the fact that internet is medium to get information and share information and he or she should restrict to that activity.g. The term Cyber space is expanding and so are the activities that are happening on them. Newer technologies ask for better and stricter provisions in the law.
com/2013-02-10/goa/37019579_1_margao-town-policenri-bank-account-central-bank http://services.com/info/types_of_service/nasscom 37 | P a g e Information Technology Act 2000 & Cyber Crimes .legalindia.indiabizclub.gov.svtuition.ndtv.youtube.com/topic/cyber-crime-cases http://www.Bibliography Business Law book: Tejpal Sheth Webliography http://business.in/cyber-crimes-and-the-law http://articles.html http://ncrb.in/ http://www.com/watch?v=zX1QpEFbsv8 http://www.org/2009/11/what-is-information-technology-act-2000.indiatimes.timesofindia.
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