In this post, the author has explained the different types of Cyber Crime and the various legal aspects related to it.
As we are in the continuous race in strengthening the economy and to compete with other developed countries.[1] In this race the evolution of technology has a greater impact in the developing world to compete with other nations, technologies like computers, email, the internet were the greatest boom in the corporate sector and government work as it was easy and continence to transfer data and another source of medium.[2] As an advance in technologies which is so radicle that not only change the way that society interacts, it also has a fundamental effect on the behavior of criminal element within the society.
As the computer system and Internet has emerged in the 21st Century, the world moves towards the digitalization and as its drastic effect the cybercrime has emerged,[3] the first-ever cybercrime were committed before the internet came into the existence which involve the theft of data and other various types of cybercrime have emerged.[4] The cyber thief usually hacks the system and leaks the necessary information which would cause huge loss to the company.[5] There are some preventive measures to avoid cyber theft and due to an increase in the number of the cybercrime act was set under the “IT Act, 2000” (Information Technology Act 2000)[6] these acts came into existence in India which deals with the cybercrime and electronic commerce.[7] It is usually based on the UNCITRAL Model Law on International Commercial Arbitration which is recommended by the General Assembly of United Nation.
What is Cyber Crime?
Cybercrime is the criminal activity that takes place in the cyberspace,[8] and the most common cyber activity is hacking where a hacker hacks the account and steal all the private information of the user and sell those data which basically involve stealing identities, and important information, violating the privacy, and committing fraud.[9] Hacking is the most common cybercrime that was roughly started in the 1960’s.
According to the Identical Theft Resource Centre, more than 220 million Facebook user's phone numbers and usernames were found on sale on the Dark Web in the year 2018, more than 30% to 40% are affected by cybercrime.[10] Due to this consequence companies have invested more than $1 trillion on cybersecurity. There are some companies that offer cybersecurity to firms like Banking, Insurance Company, Finance Company.
Types of Cyber Security
Cyber-attack has come a long way from sending virus by emails (as it exists today also). Cybercriminals devise various strategies to attack various computer and system.[11] As the criminal has adapted modern method according to the changing time,[12] so to avert the breach of security IT security expert are there whose job is to keep our data safe.[13]
Fraud
Deceiving the person in order to get important data or any information through which they can access to their personal information and harm them monetarily or in any other way.[14] In the recent case of Poona Auto Anillaries Pvt. Ltd. V. Punjab National Bank HQ New Delhi[15] in this case a fraudster has transferred Rs. 80.10 Lakh from Mathur’s (owner of Poona Auto Analliries) account to PNB, Maharashtra’s IT secretary Rajesh Agrawal has ordered to PNB (Punjab National Bank) to pay Rs. 45 lakhs to the complainant Mr. Mathur.
Hacking
A hacker is a person who finds and exploits the breach of system and enter in the system or network to gain access.[16] These Hackers are usually the skilled computer programmers who know the minute detail of programs and know-how to breach the system, with these technical knowledge spread bugs and viruses to enter into another network and misuse the information.[17] the target of most of the hackers is to attack on the corporate body and government institution.
Identity Theft
It is the specific type of crime where hackers attack the person’s, personal data including password, debit card, credit card details, data about the bank accounts,[18] social security, and other sensitive information.[19] In other word, we can say that it is basically the use of someone else’s identity which is being used for the personal benefit to obtain monetary gain. According to the Norton Life Lock report which says that in every 10 persons out of every 4 persons has suffered identity theft (39 percent) in India. It has found the impact of identity theft more between the age group of 18-39 years,[20] the data tells that a greater number of young adults are influenced by identity theft.
Computer Virus
It is a malicious program that self-replicates by copying itself to another programme.[21] The purpose of creating the virus is to infect the computer with a virus and get access to their data and sensitive information. Hackers design viruses with malicious intention and prey on online users to access their device and gather the necessary information or to harm their device through viruses.[22] Viruses usually spread fast and can transfer to the movable device.
Cyberbullying
Cyberbullying is also known as cyber harassment. Cyberharassment usually takes place in the virtual platform, and most of today’s youth have suffered cyber harassment.[23] In simple words using any virtual platform to harass, threaten, embarrass or target any person by sending aggressive or rude text and tweets or by posting any personal information, picture edit or video design to hurt or embarrass someone else. The preventive measure has been taken against cyberbullying in India by enacting laws, IT Act, Sec.66(A) deals with while communication sending an offensive messages. Sec.66(D) it deals with cheating by using any electronic resources, Sec.66(E) come under violation of the privacy of the individual,[24] 67(B) it deals with the punishment for publishing to child sexuality content and Sec.72 it deals with the breach of confidentiality and privacy.
Cyberstalking
Cyberstalking is basically using of any electronics means to stalk a particular individual or any group of people, most of the victim of these act are mainly women’s and children they have usually suffered by cyberstalking.[25] Cyberstalking is basically form of cyberbullying where the people stalk the unknown or maybe known person in virtual world and continuously follow a victim over a long period of time,[26] and further tries to text the victim and try to make blank phone calls continuously which may turn into harassment, It is a punishable offence.
Software Piracy
It is basically the copying of the original content and creating duplicate, and making it available for the people which is infringement of the copyright. In other word taking copyright content virtually taking any prior permission, such as music, movies, software and books, people can access these by the medium of torrent these are the illegal source and punishable offence.[27]
References:
[1]https://www.edureka.co/blog/what-is-network-security/
[2] http://www.interhack.net/pubs/network-security/
[3] https://www.javatpoint.com/computer-network-security
[4] https://www.forcepoint.com/cyber-edu/computer-system
[5] https://www.cybrary.it/blog/0p3n/introduction-hacking
[6] https://www.cyberlawsindia.net/Information-technology-act-of-india.html
[7]https://www.ecpi.edu/blog/types-of-cyber-security-what-do-the-professionals-need-to-know
[8] https://www.guru99.com/what-is-hacking-an-introduction.html
[9] https://www.cbsnews.com/news/millions-facebook-user-records-exposed-amazon-cloud-server/
[10] https://www.cbsnews.com/news/facebook-breach-shows-we-share-too-much-and-think-too-little/
[11] https://www.voipshield.com/the-16-most-common-types-of-cybercrime-acts/
[12] https://www.guru99.com/what-is-hacking-an-introduction.html#3
[13] https://www.ecpi.edu/blog/types-of-cyber-security-what-do-the-professionals-need-to-know
[14] https://en.wikipedia.org/wiki/Computer_fraud
[15] https://www.itlaw.in/judgements/
[16] https://www.itlaw.in/judgements/
[17] https://www.guru99.com/what-is-hacking-an-introduction.html#3
[18] https://www.investopedia.com/terms/i/identitytheft.asp
[19] https://www.debt.org/credit/identity-theft/
[20] https://economictimes.indiatimes.com/tech/internet/4-in-10-indians-have-experienced-identity-theft-report/articleshow/75029916.cms?from=mdr
[21] https://antivirus.comodo.com/blog/computer-safety/what-is-virus-and-its-definition/
[22] https://www.voipshield.com/the-16-most-common-types-of-cybercrime-acts/
[23] https://kidshealth.org/en/teens/cyberbullying.html
[24] https://www.lawtendo.com/blogs/what-are-cyberbullying-laws-in-india
[25]https://en.wikipedia.org/wiki/Cyberstalking
[26] http://www.legalserviceindia.com/legal/article-1048-cyber-stalking-in-india.html
[27] https://en.wikipedia.org/wiki/Online_piracy
Submitted by:
Jay Salve,
National Law University Nagpur
(Images used for representative purpose only)