Lecture 1

CYBER CRIME: AN OVERVIEW

Today we will briefly discuss cyber crimes its reasons, nature, types and impact of these crimes.

First of all we will discuss what does cyber crime means. If we discuss what crime is, then

anything barred or against the law is crime in the same way all wrongful acts committed on

computer, internet or network are known as cyber crime. The internet all over the world is

growing rapidly. It has given rise to new opportunities in every field we can think of, be it a

social media like Facebook, WhatsApp, Snapchat, Orkut which you all might know or

entertainment, business, sports and education. But there are two sides of coin. Internet also has

its own disadvantages and one very major disadvantage is cyber crime.

1. INTRODUCTION:

The development of Information Technology and Electronic Media especially

from 1980’s onwards have given rise to a new variety of computer related crimes which are

commonly called “Cyber Crimes”. The widespread growth of these crimes has become a matter

of Global concern and a challenge for the law enforcement agencies in the new millennium.

Because of the different nature of these crimes they can be committed unknowingly and far

away from the victim without being physically present there. Further cyber criminals have a

major advantage, they can use computer technology to inflict damage without risk of being

caught. These crimes cover a wide range of illegal computer related activities such as theft of

communication services, electronic money laundering and tax evasion, terrorism and extortion,

telemarketing frauds and illegal telecommunication, money laundering, hacking into bank

servers etc.

For example:- Rs. 2,50,000 were misappropriated from bank of Baroda in India through

falsication of computerized bank accounts.

2. CYBER CRIME DEFINITION:-

Simplest definition of cyber crime is any illegal act committed using a computer

network (especially internet) is considered is cyber crime.

Some authorities feel that “Cyber Crime” is an inaccurate word as this term nowhere

defined in any Statute or Act enacted by the Parliament. In a sense, it is not radically different

from the concept of conventional crime insofar as both include conduct whether act or

omission, which causes breach of law and therefore, it is punishable by the State.

A Cyber Crime may be defined as any illegal criminal activity that uses a

computer either as an instrumentality, target or means of perpetrating further crime. In other

words, cyber crime is an unlawful act wherein the computer is either a tool or target or both.

Cyber Crime covers a wide variety of criminal activities including act against the

confidentiality, integrity and availability of computer data or systems, computer related

offences, content related offences and copyright related offences etc.

Cyber Crime is defined as a crime in which a computer is the object of the crime

or is used as a tool to commit an offence.

Cyber criminals may use computer technology to access personal information,

business trade secrets, or use the internet for exploitive purposes. Criminals can also use

computers for communication and document or data storage. Criminals who perform these

illegal activities are often referred to as hackers.

3. NATURE OF CYBER CRIME:-

Cyber Crime is known to all over the world as a crime committed through

internet. It is, nowadays, becoming a serious matter of concern all over the world. Nothing is

crime unless prescribed by Law. But most of the categories of cyber crime are still beyond the

reach of the law. Nature of cyber crime is such that geographical and political boundaries are
rendered irrelevant. Truly speaking, cyber crime is transnational in nature and scope having

varied effects on different parts of the world.

There is lack of standardized universal anti-cyber crime legislation of the

international level. Cyber space and internet having developed as favourite medium of carrying

on wide range of activities, has at the same time become an easy and convenient mode of

committing cyber crime the world over, which can be detected only with the international

cooperation of law enforcement agencies of different countries. Therefore, non-uniformity of

laws worldwide especially for cyber crime is the foremost need to fight against cyber crimes

and criminals.

The Twelfth U.N.Congress on crime prevention and criminal justice held in

(Brazil) on 12th and 19th April, 2010 held extensive discussion expressing serious concern over

the massive use of Computer Science and Technology by the perpetrators of Cyber Crimes and

measures to be adopted by preventing authorities in fighting against these crimes.

4. REASONS FOR CYBER CRIMES:-

Before discussing various types of cyber crimes, and the mode of committing

them, firstly we will discuss the reasons for increasing trends of cyber crimes. Here we will

discuss some common reasons for cyber crimes:-

a. To gain financial benefit at low risk:-

As is the case with many crimes committed outside the internet, money is the major

motivator for many cyber criminals. Especially because the dangers of criminality are less

apparent when you are hiding behind the network. The perception of low risk and very high

financial reward prompts many cyber criminals to engage in criminal activities.

b. NEGLIGENCE:
 Negligence is very closely connected with human conduct. It is, therefore, very

probable that while protecting the computer system there might be any negligence, which is in

turn provides a cyber criminal to gain access and control over the computer system.

c. LOSS OF EVIDENCE:-

Loss of Evidence is a very common and obvious problem as all the data are

routinely destroyed. Further collection of data outside the territorial extent also paralyses this

system of crime investigation. This is the significant features of computer system is that

evidence is destroyed in no time. The criminals find it easy to destroy the evidence soon after

the crime is committed which makes it difficult for the investigating agencies to collect relevant

material evidence for prosecuting the offender.

d. Indefinite legal jurisdiction: -

Most internet crime takes place across international borders. Law enforcement agencies are

always limited to jurisdictional boundaries. We have federal law enforcement agencies, which

reach across city and state boundaries, but they can’t easily traverse international boundaries.

5. Types OF CYBER CRIME:-

Cyber Crimes are broadly categorized into three categories, namely, crime

against:-

1) Individual

2) Property

3) Government

Each category can use a variety of methods and the methods used vary from one

criminal to another.

1. Cyber Crimes against Individual:-

This type of cyber crime can be in the form of cyber stalking, distributing

pornography trafficking and grooming. Today, law enforcement agencies are taking this
category of cyber crime very seriously and are joining forces intentionally to reach and arrest

the offender.

a. Cyber Stalking:-

In stalking, persistent messages are sent to unwilling recipients, thus causing

them annoyance, worry and mental torture. Sending of unwanted e-mails or spamming is an

infringement of right of privacy. Cyber stalking involves following person’s movement across

the internet by posting messages by entering the chat-rooms frequented by victims. Cyber

stalking usually occurs with women who are stalked by men. A cyber stalker does not have to

leave his home to harass his target and has no fear of physical avenged, since he cannot be

physically touched in cyber space.

For example:

An honors’ graduate from the University of San Diego in USA terrorized five

female university students over the internet for more than a year. The victim received hundreds

of violent and threatening e-mail, sometimes receiving four or five messages in a day.

The student, who pleaded guilty, told the police that he had committed the crimes because

he thought the women were laughing at him and causing others to ridicule him. In reality, the

victims had never met him.

b. Cyber Defamation:-

This implies defamation of an Individual by anything, which can be read, seen

or heard with the help of computers. Any derogatory statement which is intended to injure a

person’s name or reputation on a website or sending e-mails containing defamatory information

to some other person constitute the offence of cyber defamation.

For example: - Abhishek, a teenaged student was arrested by the Thane police in India

following a girl’s complaint about tarnishing her image on the social networking site Orkut.
Abhishek had allegedly created a fake account in the name of the girl with her mobile number

posted on the profile.

The profile had been sketched in such a way that it drew lots of comments from many

who visited her profile. The Thane cyber cell tracked down Abhishek from the false email

account that he had created to open the account.

c. Privacy Infringement:-

Under Section 72 of the Information Technology Act, 2000, where any person

illegally and without consent of the person concerned disclose any electronic book, register,

information or document, that person will be liable for breach of confidentiality and privacy.

2. Cyber Crime against Economy:-

Money is the most common motive behind all crime. The same is also true for

cyber crime. Globally it is being observed that more and more cyber crimes are being

committed for financial motives rather than for “Revenge” or for “Fun”.

a. Hacking:-

Hacking is the most common form of cyber crime in these days. The reason why

hackers indulge in this crime may vary from monetary gain to political interest or it may even

be for the sake of Just Thrill. Hacking may be of different forms such as web-spoofing, e-mail

bombing, Trojan attacks, virus attacks, password cracking etc. In simple words hacking means

seeking unauthorized accrues through computer network.

For example:- A person had stolen usernames, passwords, credit card information by

hacking into computer of the victim. He would then extort money from those victims with

threat of deleting his data and destroying his computer system.

b. E-mail Bombing and Spoofing:-

 E-mail Bombing refers to sending a large number of e-mails to the victims

resulting in the victim’s e-mail account (in case of an individual) or mail server (in case of a

company or an e-mail service provider) crashing.

For example:- In one case, foreigner who had been residing in Shimla, India for almost 30

years wanted to avail of a Scheme introduced by the Shimla Housing Board to buy land at

lower rates. When he made an application it was rejected on the grounds that the scheme was

available only for citizens of India.

Then he decided to take his revenge consequently, he sent thousands of emails

to Shimla Housing Board and repeatedly kept sending e-mails till their server crashed.

E-mail Spoofing:-

A spoofed e-mail is one that appears to originate from one source but actually

has been sent from another source.

For example: Pooja has an e-mail address pooja@asianlaws.org. Her Ex-Boy Friend, Sameer

Spoofs her e-mail and sends obscene messages to all her known. Since the e-mails appear to

have originated from Pooja, her relationship with her friends may be spoiled for life.

c. Virus:-

Computer viruses are small software programs that are designed to spread from one

computer to another and to interfere with computer operation. A virus might corrupt or delete

data on the victim’s computer, use the victim’s e-mail program to spread itself to other

computers, or even erase everything on the victim’s hard disk. Viruses are most easily spread

by attachment in e-mail messages.

For example: - In 2002. The creator of the Melissa computers virus was convicted. The

virus had spread in 1999 and caused more than $80 million in damage by disrupting personal

computers, business and Government computer networks.

d. Trojan:-
 Trojan is an unauthorized program which gains control over another’s system

by representing itself as an authorized program. This is unauthorized program which function

from inside what seems to be an authorized program, thereby concealing what is actually doing.

For example: - A young lady reporter was working on an article about online

relationship. The article focused on how people can easily find friendship and even love on the

internet. During the course of her research she made lots of online friends. One of these

‘friends’ managed to infect her computer with a Trojan.

This young lady stayed in one small bedroom apartment and her computer was located

in one corner of her bedroom. Unknown to her, the Trojan would activate her web camera and

microphone even when the internet was switched off. A year later she realized that hundred of

her pictures were posted on pornographic sites around the world.

e. Internet Time Theft:-

This connotes the usage, by a un authorized person, of the internet hours paid for by another

person.

For Example: - In may 2000, the Delhi police arrested an engineer who had misused the

login name and password of a customer whose internet connection he had set up. The case was

filed under the Indian Penal Code and the Indian Telegraph Act.

f. Web Jacking:-

Just as conventional hijacking of an airplane is done by using force, similarly web jacking

means forcefully taking over the control of a website. The motive is usually the same as

hijacking for ransom. The persons have either the monetary or political purpose;

For example:- when someone forcefully takes control of a website by cracking the

password and later on changing it. The actual owner of the website does not have control

anymore over what appears on that website.

 g. Digital Forgery: - Digital Technology facilitates perfect reproduction of document. By

using a computer, it is very easy to forge a document through printers and scanner by

developing counterfeit currency, postal cards, revenue stamps, mark sheets, birth certificates

etc.

For example :- In October 1995, Economic offences wing of crime Branch, Mumbai

(India), seized over 22,000 counterfeit share certificates of eight reputed companies worth

Rs.34 crores. These were allegedly prepared using desktop publishing system.

For Example:- Abdul Kareem Telgi, along with several others, was convicted in India on

several counts of counterfeiting stamp papers and postage stamps totaling several billion

rupees.

g. Piracy and Infringement of Intellectual Property Rights: -

Piracy and infringement of intellectual property rights are one of the most critical

crimes committed in cyber space. Intellectual property consists of a bundle of rights which may

be violated by committing software piracy, copyright infringement, trademark and service-

mark violations, theft of computer source code etc. internet being the fastest tele-

communication and information system; it has become a most convenient media to conduct

business transaction. The explosion of digitalization and internet have further facilitated the

intellectual property right violators to copy and illegally distributed trade secrets , trademarks,

logos theft of computer source code etc. computer pirates steal away valuable intellectual

property when they copy software, music graphic/pictures, books, movies etc. which are

available on the internet. Usually most material that pirates or offenders want to copy is

protected by the copyright which implies that a person cannot take out copies thereof unless

permitted to do so by copyright owner. It is punishable offence under the copyright Right.

Trade-mark is also one of the intellectual property rights that protects the good-will and

reputation of traders and businessmen. These marks are intended to differentiate goods of trader
from other traders who are in same stream of trade and business. Passing-off actions are also

covered under the Trademarks act wherein a trader passes off his inferior quality goods in the

name of the same reputed trader who is selling the same commodity or article.

For example;- If a particular logo is generally associated with and used in relation to

product ‘A’ its use by someone else in relation to product ‘B’ would be an infringement of

Trademark right and an act of passing off these illegal activities are carried on through the use

of computers and internet, it will attract the provisions of information technology Act 2000.

3. Cyber Crime against Government:-

The growth of the internet has shown that the medium of cyber space is being used by the

individual and groups to threaten the Government and citizens of the country. Cyber terrorism

is one distinct kind of crime in this category.

a. Cyber Terrorism:- Despite lighter physical and border security, terrorism has been

a complex problem faced by the Government and the policy makers. With the emergence

of new communication technologies, the nature and mode of operation of terrorism has

undergone a radical change giving rise to new variety of terrorism called as cyber

Terrorism. Cyber terrorism and cyber space includes unlawful attacks or threat of attacks

against computers, networks and the information stored therein, in order to intimidate

government and its people in furtherance of Political, Social and Ideological objectives.

A ‘cyber terrorist’ may be defined as a person who uses computer system as a means to

achieve any of the following objectives:-

 Putting the public and any section of public in fear; or

 Affecting adversely the harmony between different religious, racial, language or

regional groups or castes or communities; or

 Coercing or overawing the government established by the law; or

 Endangering the sovereignty and integrity of the nation.

Every act done in pursuance of the above objectives will be an act of cyber terrorism.

The most likely target of cyber terrorists are military installation, power plants, air

traffic control, banks, tele-communication networks, fire and rescue system etc. cyber terrorism

has become an attractive option for modern terrorists for several reasons, some of them are as

follows:-

 It is relatively easy and cheaper than the tradition terrorist methods.

 It has the potential to directly affect a large number of people at the same time.

 It’s easy to evade detection or prosecution in cyber crimes.

It hardy needs to stressed that inter-connectivity of national networks into a single worldwide

web is being misused by the cyber terrorist for pursuing their cyber activities.

6. Preventive legal measures against Cyber Crime:

Laws are generally meant for meeting the needs of society and it is therefore, a dynamic

concept with undergo changes with the changing needs of the society. The modern information

technology evolution has enabled human society to prosper and make tremendous progress but

at the same time given rise to new problems which are unknown to mankind and cyber

criminality is one of such grave area. The Indian penal code, 1860 was found insufficient to

cater to the needs of new crimes emerging from internet expansion. Even some of the

traditional crimes such as conspiracy, securities, frauds etc. are now being committed through

internet which necessitates a new law to curb them. It was in this background that the

Information Technology Act, 2000 was enacted in India for prevention and control of cyber

crimes.

7. IMPACT OF CYBER CRIMES:-

The expansion of Internet and computer network all over the world has

generated a new variety of crime commonly known as cyber crimes. The areas most hit by the

impact of these crimes is economy and security regimes because the alarmingly expanding
dimensions of cyber frauds and terrorist activities of hardcore terrorists are ruining the nation’s

economy and posing a threat to the national security destroying its internal and external peace.

The Intellectual Property Rights violation and leakage of confidential information and trade

secret disclosure online of the business houses, industries, banking and financial institutions

etc. is causing tremendous loss which extends to millions of Rupees.

8. Conclusion

On overview of the International prospective of law on prevention and control of cyber

crime makes it clear that all the countries all around the world are concerned with the growing

menace. In the Indian context, though the Information Technology Act, 2000 has been enacted

as a comprehensive legislation to deal with cyber offences, it has no applicability in many

situations looking to the International dimensions of these crimes and jurisdictional problems

between the countries as also the variations in their cyber laws, the electronic transactions and

liability issue for the acts executed in cyber space still remains uncertain in the absence of an

adequate global cyber law.