Cyber law and policy

BY:- Akshu Rana

Lloyd law college

The word crime is a social as well as economic phenomenon. It exists for very long time as our human society is. A crime is committed against another individual it can be in form of theft, burglary or against the nation like spying, treason etc. there are various types of crimes committed in the world. Crime is a negative word which means done something is not good for society as well as in eyes of law. In developing economies, cybercrime has increased at rapid strides due to rapid diffusion of the internet and digitisation of the economic activities. In todays life it has become impossible to spend a single day without computers and mobiles. The technologies have so broadened that mostly work in todays life are done with the help of computers and mobiles. Internet has become a basic need of human life.

There is no any definition in information technology act 2000 and also not in information technology act 2008 of cyber crime or in any other legislation of India. So, to define cyber crime we can say that it is a combination of crime and computer. Or we can say that a computer is used for committing a crime is ‘cybercrime’. In cyber crime a fraudster steals the data from the computer and misuse it which has been stored into it. Cyber crime seems to be very well known to an average person who is internet savvy. There are many form of cyber crimes and case of reference, it is not limited to 419 emails and letters, advance free fraud, online auction fraud, online betting fraud, child pornography and related offence, computer hacking, computer related forgery, computer related fraud, cracking credit card, fraud cyber laundering, cyber piracy, cybersquatting, cyber terrorism, online dating fraud, denial of service attacks, domain name scams, identify theft, impersonation, intellectual property fraud, viruses, spamming and vishing etc.

Whether the threat is real or not
the danger of cyber crime has real become a huge threat to mass media, the security community, IT industries, defence sector, politicians and experts in variety of fields have popularized screams in which year terrorists electronically break into control dam or air traffic control systems endangering not only millions of lives but national security itself. Cyber terrorist through hacking can gain access to sensitive Information and to operation of crucial services. As there will be more and more development of technology in country the threat of cyberattack against infrastructure will increase. In cyber space, the crimes increase so fast, instead of terrorist attack in any transport systems, power grides etc. As, so country can be a big threat if there is attack on cyberspace. So, there is need of innovative laws and global standard that deal with cybercrime.

The ITA 2000 define many of the important words used commonly like access computer resource communication device data. Word ‘computer system’ means collection of devices with input, output and storage capabilities. As careful reading of the words will make one understood that a high- end programmable gadget like even a washing machine or switches and routers used in a network can be brought under the definition.
As in word communication devices inserted in ITAA- 2008 covered in detail about digital signature, defined it and elaborated the procedure to obtain the signature certificate and gave it a legally validity.

Non- coverage of many crimes
There are many legislations in not only western countries but also some smaller nations in the east. India has only one legislation the ITA and ITAA. So, here is quite natural that many cybercrimes related issues are left uncovered. So many cybercrimes like cybersquatting with an evil attention to extort money. Spam mails are sent, ISP’s liability in the copyright infringement, also the data privacy issues have not been given adequate coverage. Downloading the software utility, system upgrade is used, as otherwise a peculiar situation may come, when the user may not know whether the upgrade or patch is getting downloaded or any spyware getting installed. Most of the cyber crimes in the nation are still brought under the relevant sections of IPC read with the comparative sections of ITA or ITAA which gives a comfort factor to the investigating agencies that are in the ITA part of case is lost, the escape from IPC part.

Legislations in other nations
As against the lone legislation the ITA and ITAA in India in many other nations globally, there are many legislations governing e-commerce and cybercrimes going into all the facets of cybercrimes.

Let’s move to some actual criminal acts under definition of cybercrimes. It would be pertinent to note that the act only lists some of the cybercrimes. The criminal provisions of IT act and these deals with the cognizable offences.

Section 65-
Tampering with source document has been dealt in this section. When there is concealing, destroying, altering any computer resource code when the same is required to be kept or maintained by law in an offence punishable with three years
This section deals with the computer related offences. It is a civil offence with the remedy of compensation and damages only. But there is theft of data with the criminal intention, the work is done fraudulently and dishonest intention then it will be punishable under this section will be punished by three years of imprisonment or five lakh rupees or may be both.
Section 66A-
If someone send offensive messages through communication service, causing annoying, send email or mislead a deceive. Punishment will be three years or fine.
Section 66B-
Dishonestly receiving stolen computer source or communication device with punishment of three years or one lakh rupees or both.
Section 66C-
If there is theft of identity like using others password or electronic signature. Punishment of three years or fine of one lakh rupees or both.
Section 66D-
If cheating is done by a personation or a communication device, that will be punished with the imprisonment of three years or one lakh rupees.
When private area of someone is got published without the permission of the owner, will be liable for punishment of three years imprisonment or two lakh rupees.
Section 67-
If by someone there is publication of obscene material in electronic form, the person shall be punishable up-to three years imprisonment and fine of five lakh rupees with the first conviction and in the second conviction will be punished with imprisonment of five years or fine of ten lakh rupees or both.
Section 67A-
It deals with a transmission or publication of some material containing sexually explicit act in electronic form. Punishment will be given same as given in section 67.
Child pornography-
it deals when depicting of children engaged in sexually explicit act, if there is text created or advertisement done or there is promotion of depicting children in obscene or indecent manner or facilitating abusing children online or if children is induced in an online relationship come under this section. These will be given five years of imprisonment and ten lakh rupees.
in this section the government agencies are stipulated in the situation to intercept, monitor or decrypt, any information generated or transmitted, received or stored in any computer resource, subject to compliance of procedures as laid down.
The section deals with the central government or any of its officers the powers to issue directions for blocking for public access of any information through any computer resource, under the same circumstances. And under section 69B, it discusses the power to authorise to collection and monitor traffic data or information through any computer resource.

There is a very integral role played by data in the commission of many cybercrime and vulnerabilities to cybercrime. Even though data provides users of it (private companies, innumerable opportunities, these kinds of benefit can be exploited by some for criminal purposes. Specifically, data collection, analysis, storage and distribution of data without user’s inform consent and choice necessary legal and security protections. What is crime, data aggregation, analysis and transfer occur at scales that government and organization are unprepared for creating a slew of cyber security risks privacy, data protection and securities of systems, networks and data are interdependent. So far to protect data and user’s privacy there must be protection against cybercrime, security measures. So, to sum up and making the society crime free is utopian and exists only in dream land, it shall be constant endeavour of rules to keep the crime lowest. Today’s society is very dependent on technology, crime based on electronic offence are bound to increase and law makers have to go the extra mile compared to fraudsters, to keep them at bay. Technology is such a thing which can be used for both good and bad. Hence, it should be persistent efforts of rules and law members to ensure the technology grows in a health manner and is used for legal and ethical behaviour growth and not for committing crime.

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