Indian Cyber laws and Deficiencies

Introduction:

Cybercrime is defined as any crime where a computer is either the target of the crime or is used as a tool to conduct the crime, such as child pornography, hate crimes, etc. It can be best defined as offenses committed against people or businesses of people with a criminal motive in order to ruin the victim's reputation or cause physical or mental harm to the victim immediately or indirectly using modern telecommunications networks, especially the internet. In simple terms, we can state that cybercrime consists of illicit conduct.

Cybercrimes can entail serious offenses like fraud, robbery, forgery, mischief, and defamation, all of which are subject to scrutiny under the Indian penal law (IPC). A variety of modern offenses that may be handled under the Information Technology Act, of 2000, have also been sparked by the misuse of computer technology. The term "cybercrime" can refer to various acts, including those with a criminal history against information, content and copyright infringement, fraud, unauthorized access, child pornography, and cyber-stalking. In actuality, there is a wide range of attacks on both organizations and people that come under the category of cybercrime. These crimes can also affect a person's self-esteem, economic state, or national security. There are key courses that describe how cybercrimes are composed. The first of them includes denial-of-service attacks, viruses, and malware that attack computer networks or gadgets and the second one includes identity robbery, cyber-stalking, fraud, phishing (junk mail), robbery of classified information, and extortion.

If an adequate solution has to be found against worldwide cybercrime, global cooperation is necessary. No state should believe it can effectively manage the issue on its own. Many computer-related crimes are started "offshore," which presents law enforcement agencies in other countries with very challenging scenarios. Companies from all across the world must create effective plans to find, pursue, and punish cybercriminals.

Cyber Crime in India:

The founders of the internet never expected that it would evolve into a global revolution that may be exploited for illegal purposes and that would call for control when it was first created. In the modern world, there are a lot of unpleasant things that happen online. Due to internet anonymity, it is far more possible to engage in criminal activity expansion with a crime. Those with the necessary intelligence have been grossly abusing this aspect of the internet to support criminal activity in our virtual world.

Cyber law is important because it affects almost every element of business operations and sports involving the internet, the global web, and cyberspace. At first glance, it could seem as though cyber law is entirely technical and has little relevance to most online activity. But the truth is that nothing can be greater or true than the truth. Every action and every response in our online environment has a few criminal and cyber-legal perspectives, whether we notice it or not.

The development of information technology has continued throughout the arena. When cyberspace offers equal opportunities for those who are passionate about both money growth and human betterment, the computer is used every single quarter. There is an increase in cybercrimes such as breaches of online contracts, the commission of online torts and crimes, etc. as the number of users of cyberspace increases and the variety of online interaction broadens. As a result of these findings, it has become necessary to implement severe regulations through the cyberspace authority in order to stop cyber-related criminal activity and improve the administration of justice for victims of cybercrime. Modern-day cyber technology makes it imperative to change cybercrimes, and most notably, cyber legislation needs to be stronger in cases involving hackers and cyberterrorism.

Does Cyber Law Concern Me?

Yes, I am concerned about cyber law. Any law that deals with the internet and the technology connected to it are known as cyber law. One of the newest branches of the criminal justice system is cyber law. This is due to how quickly internet technology is evolving. People who use the internet have legal safeguards thanks to cyber legislation. Both organizations and everyday citizens are involved in this. Anyone who uses the internet understands the need of having a strong understanding of cyber law. The "regulation of the net" is another name for cyber regulation.

Cybercrime and Cybersecurity:

It is feasible for a criminal organization to electronically take over a flight control system or the electrical grid.

We become more vulnerable to cybercrime as more of it is connected to the internet. In February, the banking industry discovered that the Cabana criminal organization had stolen up to INR 64,15,50,000 from banks in the area over the last two years. They did this by hacking into their systems, transferring money out, and causing bank ATMs to automatically disburse money that they later removed from the machines. The "informatization" of society and advancements in communications technology have come together over the last ten years like never before in human history. As a result, a sort of crime that uses private records as a commodity has become more commercialized because it moves too quickly for traditional methods of law enforcement to keep up.

The Beginning of the Era of Cybercrime:

These days, some of these machines are hackable, so the digital world we're creating for the 21st century is a house of cards that may collapse at any time. Because we don't now have a backup strategy, we must protect it.

Teenagers and younger people frequently express concern about cybercrime activities while they are young. Many people do it for laughs without considering the effects of their actions, yet the effects might be severe. Cybercrime is not a victimless crime and is treated very seriously by law enforcement. Teens who become involved in cybercrime frequently have skill sets that might be put to good use. Skills in coding, gaming, computer programming, cyber security, or anything else related to it are in high demand, and anybody with an interest in such fields can pursue a variety of occupations in those fields.

Consequences:

Young people should deal with the problem of cybercrime.

A penalty fee in addition to a visit and warning from the police.
Serious violations are punished with imprisonment and arrest.
Seizing their computers and preventing them from using the internet.

Many kids may be actively interested in coding and programming, spend a lot of time online, and have access to independent learning materials; these are all indications of a healthy and productive pastime in computers and extremely useful skills to be allowed to develop - but in a legal manner.

Jurisdictional, Hacker, and Cracker Issues:

Hackers typically provide more trouble than harm. The majority of the time, people attempt illegal access to networks only for fun, as a challenge, or to test the security of networks. Crackers, on the other hand, are criminal hackers that attempt illegal network access but do it with evil intentions. Cyberterrorists use violence online to bring about societal or political change.

It is hardly a given that terrorists will rent crackers without motivation. However, it's not impossible for terrorists to gain knowledge of hacking. Whether it is hacking, cracking, or terrorism that causes one person (or a group) to break into a public device, the investigator and the decision-maker face the same legal issues. With quick action and the best available tools, it is easiest to gather evidence supporting the motion, detain the suspects, and deliver them to a courtroom.

Cyber Attack Threat Types:

Threat 1

One or more worthless outlanders attempt to enter a base or other restricted location or go unnoticed in order to do an illicit act, such as stealing or destroying property.

Threat 2

The specific gang attempted to take or remove a piece of approved property from the installation by gaining entry to a base, a restricted location, or another asset.

Threat 3

An unidentified person attempting to sabotage, alter data, cause unintentional harm, destroy government property, or otherwise hinder the completion of a mission.

Threat 4

A person or organization attempting to express their political views in the dark (anti-military, anti-defense, antinuclear, and so forth, by causing adverse broadcast, usually nonviolent in nature, to grip the military service).

Threat 5

An unidentified person is speculatively attempting to gain entry to a naval base in order to carry out a violent act (such as sabotage, bombing, hostage-taking, murder, arson, or theft of sensitive material including nuclear weapons, ammunition, and explosives, for example).

Cyber Terrorist:

A cyber-terrorist is a criminal who uses computers and the Internet, especially to cause disruption or corruption. Generally, they threaten people electronically, and some spray computer viruses.

The attacker could be anonymous
Ultra-cheap than conventional methods
The attacker’s actions are very puzzling to study
An attacker can attack remotely
Can affect a large number of MNCs and targets.

How the legal system deals with Cyber Terrorists:

The majority of such systems use password-based security to handle security issues. The password could be anything that could be easy to bear in mind and simpler for an attacker to wager or “crack” but still there are ways to make it more secure. For example, if someone wants to have a password like “I am ok” instead of that he can use “i#m@0K”. In the example, the password that we have recommended has all special characters, numbers, lowercase alphabets, and upper-case alphabets.

Apart from these, there could be several other steps that could be taken in order to prevent public and personal companions searching for emails trying to mislead users into “clicking the hyperlink” or attachments to apparently real websites:

An individual should not click on the link in a suspicious email whether from a third-party exchange or direct exchange. Any notification that the carrier transmitted was referenced inside the email, if valid, can be available via regular go browsing.
An individual should not open attachments commonly and in case of doubt, he should hold the store directly and ask whether an email with the attachment was dispatched from them because generally, they don’t do so.
An individual should not share any kind of confidential information over the call such as OTP until completely sure.

Another Conspicuous hand to guard yourself against cyber-attacks:

Set comfortable passwords and keep away from the use of common words, phrases, or private records and update frequently.
Maintenance of personal devices, anti-virus, and other essential software is necessary.
Do not click on suspicious links or requests dispatched over email or messages.

Cyber Crime Attacks Addressed By IT Act, 2000 & IPC:

Cyber Crimes under IT ACT 2000

Sec. 65, Tampering with Computer Source Documents.
Sec. 66, Hacking Computer Systems and Data Alteration.
Sec. 67, Publishing Obscene Information.
Sec. 70, Unauthorized Access of Protected Systems.
Sec. 72, Breach of Confidentiality and Privacy.
Sec. 73, Publishing False Digital Signature Certificates.

Special Laws and Cyber Crimes under the IPC include

Sending Threatening Messages by Email, Indian Penal Code (IPC) Sec. 503.
Sending Defamatory Messages by Email, Indian Penal Code (IPC) Sec. 499
Forgery of Electronic Records, Indian Penal Code (IPC) Sec. 463
Bogus Websites & Cyber Fraud, Indian Penal Code (IPC) Sec. 420
Email Spoofing, Indian Penal Code (IPC) Sec. 463
Web-Jacking, Indian Penal Code (IPC) Sec. 383
Email Abuse, Indian Penal Code (IPC) Sec. 500

There are also cybercrimes under the Special Acts, which include

Online Sale of Arms Under Arms Act, 1959
Online Sale of Drugs Under the Narcotic Drugs and Psychotropic Substances Act, 198

Types Of Cyber Attacks:

There are various cyber-attacks that occur today with the rapid growth of the internet the chances of attacks have also increased. Here we are going to talk about different cyber-attacks.

1. Malware Attack

Malware refers to the software viruses that are used for attacks such as worms, spyware, ransomware, adware, and trojans.

Ransomware blocks access to network components. The trojan is a virus that acts like acceptable software. Spyware is a virus that acts similarly to a spy that takes away your confidential data from your computer without your knowledge.

2. Phishing Attack

In the attack, the attacker sends a malicious link and the unaware victim opens the mail or link letting the attackers gain access to confidential information and account credentials.

3. Password Attack

In this attack, the attacker finds/cracks the victim's password using different programs or tools like brute force attacks, keylogger attacks, and dictionary attacks.

4. Man-in-the-Middle Attack

This attack is also called an eavesdropping attack. In this attack, the attacker becomes the mediator between two parties and listens to communication between the two.

5. SQL Injection Attack

This attack can only be performed over a database-driven website when the attacker manipulates a standard SQL query by injecting malicious code into a vulnerable website search box leading the server to share crucial information.

6. Denial-of-Service Attack

In this attack, the attackers target systems, servers, or networks and flood them with requests to exhaust their resources and bandwidth.

Difference between DoS and DDoS Attacks:

The primary distinction between DoS and DDoS attacks is that the latter utilizes many internet connections in contrast to the former's single connection to take the victim's computer network offline.

DDoS attacks are more challenging to identify because the victim cannot determine the attack's origin because they are launched from various locations.

Another significant distinction is the amount of attack volume used, as DDoS attacks enable the attacker to flood the target network with enormous amounts of traffic.

It is crucial to remember that DDoS attacks are carried out differently from DoS attacks. DDoS attacks are carried out using botnets, or networks of devices under an attacker's control. DoS assaults, on the other hand, are typically initiated through the usage of a script or a Dos tool like Low Orbit Ion Cannon.

Cyber Law and Intellectual Property:

Cyber Law-

It applies to all online transactions.
It keeps an eye on every online activity.
Every activity and response in cyberspace is affected by it.

Area of Cyber Law:

There are many distinct goals in cyber legislation. Some laws establish guidelines for how people and businesses can use computers and the internet, while others shield citizens from becoming victims of crime as a result of dishonest online activity.

The following are the main areas of Cyber Law-

Fraud

To safeguard consumers from online fraud, cyber laws are essential. Legislation is created to stop online financial crimes including credit card theft, identity theft, and others. Identity thieves may be charged as accomplices or as state criminals.

The area of cyber law known as copyright violation safeguards people's and businesses' legal right to financial gain from their creative works.

Defamation

Civil rules called defamation laws protect people from false public statements that could damage their reputations or those of their employers. Defamation legislation is used when persons make statements on the internet that are illegal under civil laws.

Freedom of Speech

Cyber laws prohibit some online acts, yet free speech rules also permit people to express their opinions. Cyber attorneys must inform their clients of the restrictions on free expressions, such as those relating to laws against obscenity. When there is a disagreement over whether a client's acts qualify as legal free speech, cyber lawyers may nevertheless stand up for them.

Trade Secrets

To secure their trade secrets, businesses that conduct business online frequently rely on cyber regulations.

Understanding Intellectual property

As intellectual property is so highly valued in today's increasingly knowledge-based economy, businesses take great care to identify and protect it. Additionally, generating valuable intellectual property involves significant brainpower and labor-intensive time inputs.

Some of the most prevalent intangibles that make up intellectual property are listed below.

Patents- The invention, which could be a design, a method, an advancement, or anything tangible like the machine, is given to the inventor exclusive rights through the patent.
Copyright- Copyrights give authors and other original content creators the sole authority to use, copy, or replicate their works.
Franchises- A franchise is a license that a business, person, or entity—referred to as the franchisee—purchases to utilize the franchisor's name, trademark, intellectual knowledge, and business practices.
Commerce Secrets- A corporation's procedure or practice that benefits the company or the person holding the trade secret financially is referred to as a trade secret because it is not generally known.

Conclusion

The internet has allowed us to do many great things, but it has also enabled cybercrime to flourish. The origins of cybercrime can be traced back to the early days of the internet when computers and networks were essentially wide open to anyone who wanted to access them. Fortunately, we have learned a lot since then, and the fight against cybercrime has become increasingly important. It is important to regularly monitor your credit report, be careful what information you share online, and invest in cybersecurity to protect your network, data, and employees from cyber criminals.

Authors :

Geetai Charde
Samrat Pujari
Ronit Agarwal
Prashant Raj

Search This Blog

Team Geeks