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DR.

RAM MANOHAR LOHIYA NATIONAL LAW


UNIVERSITY, LUCKNOW

A Planned Endeavor On
“Cyber Crimes and Social Security”
-
CYBER LAW
Semester VII
[Academic Year 2018- 2019]
INTRODUCTION
 1.1 Historical background authorized access to subvert
security systems as they
 In the early decades of modern
modified data for financial gain
information technology (IT), or destroyed data for
computer crimes were largely revenge. Early attacks on
committed by individual telecommunications systems in
disgruntled and dishonest the 1960s led to subversion of
employees. Physical damage to the long-distance phone
computer systems was a systems for amusement and for
prominent threat until the theft of services.
1980s.
 Criminals often used
 As telecommunications technology spread throughout the IT
world, hobbyists with criminal tendencies learned to penetrate
systems and networks. Programmers in the 1980s began writing
malicious software, including self-replicating programs, to
interfere with personal computers.
 As the Internet increased access to increasing numbers of
systems worldwide, criminals used unauthorized access to poorly
protected systems for vandalism, political action and financial
gain. As the 1990s progressed, financial crime using penetration
and subversion of computer systems increased.
 Illegitimate applications of e-mail grew rapidly from the mid-
1990s onward, generating torrents of unsolicited commercial and
fraudulent e-mail. In 1960-1970 Early computer crimes often
involved physical damage to computer systems and subversion of
the long-distance telephone networks.
 In February 1969, the largest student riot in Canada was set off
when police were called in to put an end to a student occupation
of several floors of the Hall Building. The students had been
protesting against a professor accused of racism, and when the
police came in, a fire broke out and computer data and university
property were destroyed. The damages totalled $2 million, and
97 people were arrested
1.2 Definitions of Cyber Crime and Social
Security
 Social Security
 The comprehensive federal program of benefits providing
workers and their dependents with retirement income,
disability income, and other payments. The Social security tax
is used to pay for the program.
 Cyber Crime
 Cybercrime is criminal activity done using computers and the
Internet. This includes anything from downloading illegal music
files to stealing millions of dollars from online bank accounts.
Cybercrime also includes non-monetary offenses, such as
creating and distributing viruses on other computers or posting
confidential business information on the Internet.
SOCIAL SECURITY AND ITS FACETS
 Social Security is both a concept as well as a system. It
represents basically a system of protection of individuals who
are in need of such protection by the State as an agent of the
society. Such protection is relevant in contingencies such as
retirement, resignation, retrenchment, death, disablement
which are beyond the control of the individual members of
the Society.
SOCIAL SECURITY IN INDIA
 Social Security system in a large and diverse country like
India is bound to be complex.
 Around 400 million persons in India are in the working age
group; less than 7 percent are in organized or in the formal
sector, while 93 percent workers are unorganized.This shows
that large number of population is under unorganized sector.
So, in India it is very important on the part of government to
ensure the social security of citizens.
 Addressing social security concerns with particular reference to
retirement income for workers within the coverage gap has been
exercising policy makers across the world. In India the
coverage gap i.e. workers who do not have access to any f
ormal scheme for old-age income provisioning constitute about
92% of the estimated workforce of 400 million people. Hence
the global debate and evaluation of options for closing the
coverage gap is of special significance to India.
 The gradual breakdown of the family system has only
underscored the urgency to evolve an appropriate policy that
would help current participants in the labour force to build up a
minimum retirement income for themselves. Our constitution
directs the government to ensure social security of citizens as
mentioned in Directive Principles of State Policy
Social security laws in India

 The Employees’ State Insurance Act, 1948 (ESI Act)


 ESI Scheme for India is an integrated social security scheme
tailored to provide Social Production to workers and their
dependents, in the organised sector, in contingencies, such as
Sickness, Maternity and Death or Disablement due to an
employment injury or Occupational hazard.
 The Employees’ Provident Funds & Miscellaneous Provisions
Act, 1952 (EPF & MP Act)

 The Supreme Court has stated in Andhra University v. R.P.F.C. 1985


(51) FLR 605 (SC) that in construing the provisions of the
Employees Provident Funds and Miscellaneous Provisions Act
1952, it has to be borne in mind that it is a beneficent piece of
social welfare legislation aimed at promoting and securing the
well-being of the employees and the court will not adopt a
narrow interpretation which will have the effect of defeating the
very object and purpose the Act. 1985 (51) FLR 605 (SC) .
Factors Affecting Social Security
 The factors affecting social security are basically socio-
economic, like poverty, unemployed youth, etc., whereas, in
the case of developed countries, social security programs are
mostly affected due to the fast changing demographic factors.
These factors include increase in the average life span of
people post retirement, increasing female participation in the
workforce, affordability of the government pocket, etc
Societal Impact of Cyber crimes
 On Social Networking

 With malware showing no signs of abating on social networks


and continuous news of the privacy implications of sharing
personal details through social media, it's no surprise users are
making more efforts to reduce their risk of exposure.
 Threats targeting social networks are continuously being
regenerated in new versions so their makers can evade detection
and spread their malicious programs relentlessly across users'
accounts. Shouldn’t a punishment be awarded, not only with the
aim of reforming the culprit, but also to make it serve as a
deterrent for others? And more so when the case in question
pertains to cyber security.
 On Women
Cyber crime is a global phenomenon. With the advent of
technology, cyber crime and victimization of women are on the
high and it poses as a major threat to the security of a person as a
whole. Even though India is one of the very few countries to
enact IT Act 2000 to combat cyber crimes, issues regarding
women still remain untouched in this Act. The said Act has
termed certain offences as hacking, publishing of obscene
materials in the net, tampering the data as punishable offences.
But the grave threat to the security of women in general is not
covered fully by this Act
 On Commerce
 The complexity of modern enterprises, their reliance on
technology, and the heightened interconnectivity among
organisations that is both a result and a driver of e-business these
are rapidly evolving developments that create widespread
opportunities for theft, fraud, and other forms of exploitation by
offenders both outside and inside an organisation.
 With the growth of e-business, internal and external perpetrators
can exploit traditional vulnerabilities in seconds. They can also
take advantage of new weaknesses—in the software and hardware
architectures that now form the backbone of most
organisations. In a networked environment, such crimes can be
committed on a global basis from almost any location in the
world, and they can significantly affect an organisations overall
well-being.
CONCLUSION
 The internet is a second world to a lot of people, they work
online, network online and share information online. The online
community is changing fast and we are starting to see what has
been happening behind the screens of the internet. There is a
world of cybercrime active online. There are many types of cyber
crimes like: hacking, spoofing ,phishing and many others… today
due to these sort of cyber crimes the social security of persons is
in danger, many e banking accounts are first hacked and the
money is transferred from them illegally.
 Similarly, in case of social networking sites there are many times
hacking of email ids or facebook account for defaming someone.
Thus, we can say that cyber crimes affects society in a very
adverse manner. Thus, social security is very important aspect
for survival of society and maintaining peace in the society. So,
government has play its role keenly and make more firm laws on
things like cyber crime, etc. so as to restrict someone from
disturbing the social security.
THANK YOU