CYBER L AW
irtual or online
The vit World of ; ;
z space and the laws governing i sted 'S know
ge the Greek word ‘Kybernetog "Cyber law..c
s law is a branch
cyber neh of law that Fi
, relating to use of internet on wih legal
ology: In short the law governs aes
computer, any system and internet that is 4 ion of
colecting information. source for
The advancement in science and
re technol
aticularly the Progress in information technology
popularly called as LT. is helping to collect any information,
grvice sitting in any corner through the system likes
computers, laptop, smart phone etc,
Cyber world is sharing knowledge, information and
helping in conducting various activities likes education,
commerce, health, travel, etc.
Cyber law is branch of law that deals with frauds,
crimes undertaken through online transactions.
Cyber law includes laws relating to -
TN as
iss
© Cyber crimes
* Electronic and digital signatures
* Intellectual property
* Data protection and privacy
Cyber law addresses two category of Cyber Crimes,
*Y are as follows154 Business Regulatory Framework
a. Any illegal act or behavior undertaken by means of
electronic operations that targets the security of
computer systems and the data processed.
b. Sharing, Circulating, Megal information, Misuse of
system through online.
A wide variety of scams operate in the online
environment, like fraudulent lottery schemes, travel and
credit-related’ tactics, modem and web page hijacking, and
identity theft (ID theft) etc.CYBER SECURITY
Cyber security refers to every aspect of protecting an
organization and its employees and assets against cyber
threats. As cyber attacks are becoming more common and
sophisticated networks have become complex. A variety of
cyber security solutions are required to mitigate
complicated cyber risk and crime.“
The Different Types of Cyber Security
Cyber security is a wide field covering several
disciplines. It can be divided into seven main pillars:
1, Network Security : Most attacks occur over the
network. Network security solutions are designed to
identify and. block these attacks. These solutions include
data and access controls such as Data Loss Prevention
(DLP), IAM (Identity Access Management), NAC (Network
Access: Control), and “NGFW (Next-Generation Firewall)
application controls to enforce safe web use policies.
Advanced and multi-layered network _ threat
prevention technologies include IPS (Intrusion PreventionNS
156 Business Regulatory Framework
System), NGAV (Next-Gen Antivirus), Sandboxing, and
CDR (Content Disarm and Reconstruction). Also important
are network analytics, threat hunting, and automated SOAR
(Security Orchestration and Response) technologies.
2. Cloud Security : Cloud means connectivity like
gathering of clouds in the sky, the people, organization are
connected ‘clouded’ with another through systems, smart
phones over the internet.
As organizations increasingly adopt cloud computing,
securing the cloud becomes a major priority.
While many cloud providers offer security solutions,
these are often inadequate to the task of achieving
enterprise-grade security in the cloud. Supplementary third-
party solutions are necessary to protect against data
breaches and targeted attacks in cloud environments.
3. Endpoint Security : The zero-trust security model
prescribes creating micro-segments around data wherever it
may be. One way to do that with a mobile workforce is
using endpoint security. With end point security, companies
can secure end-user devices such as desktops and laptops
with data and network security controls, advanced threat
prevention such as anti-phishing and anti-ransomware, and
technologies that provide forensics such as endpoint
detection and response (EDR) solutions.
4. Mobile Security : Often overlooked, mobile devices
such as tablets and smartphones have access to corporate
data, exposing businesses to threats from malicious apps,
zero-day, phishing, and IM (Instant Messaging) attacks.
Mobile security prevents these attacks and secures the
operating systems and devices from rooting and
jailbreaking. When included with an MDM (Mobile Device
Management) solution, this enables enterprises to ensure
only compliant mobile devices have access to corporate
assets.Business Regulatory Framework 157
5, loT Security : While using Internet of Things (IoT)
devices certainly delivers productivity benefits, it also
exposes organizations to new cyber threats. Threat actors
seek out vulnerable devices inadvertently connected to the
Internet for nefarious uses such as a pathway into a corporate
network or for another bot in a global bot network.
IoT security protects these devices with discovery and
classification of the connected devices, auto-segmentation to
control network activities, and using IPS as a virtual patch
to prevent exploits against vulnerable oT devices. In some
cases, the firmware of the device can also be augmented
with small agents to prevent exploits and runtime attacks.
6. Application Security : Web applications, like
anything else directly connected to the Internet, are targets
for threat actors. Since 2007, OWASP has tracked the top 10
threats to critical web application security flaws such as
injection, broken authentication, misconfiguration, and
cross-site scripting to name a few.
With application security, the OWASP Top 10 attacks
can be stopped. Application security also prevents bot
attacks and stops any malicious interaction with
applications and APIs. With continuous learning, apps will
remain protected even as DevOps releases new content.
7. Zero Trust : The traditional security model is
perimeter-focused, building walls around an organization’s
valuable assets like a castle. However, this approach has
several issues, such as.the potential for insider threats and
the rapid dissolution of the network perimeter.
As corporate assets move off-premises as part of cloud
adoption and remote work, a new approach to security is
needed. Zero trust takes a more granular approach to
security, protecting individual resources through a
combination of micro-segmentation, monitoring, and
enforcement of role-based access controls.Some types of cyber crimes found in India are:
1. Cyber pornography : This include pornographic
websites; Pornographic magazines produced using
computers (to publish and print the material) and the
Internet (to download and transmit pornographic pictures,
photos, writings etc).
2. Sale of illegal articles: This includes sale oi
narcotics, weapons and wildlife etc., by posting information
on websites, auction websites, or simply by using email
communication, E.g. many of the auction sites even in India
are believed to be selling cocaine in the name of ‘honey’.
3. Online Gambling: There are millions of websites; all
hosted on servers abroad, that offer online gambling. In fact, it
is believed that many of these websites are actually ‘fronts’ ie.
they provide opportunities for money laundering.
Cases of hawala transactions and money laundering
over the Internet have been reported.
4. Intellectual Property crimes : These include
software piracy, copyright infringement, trademarks
violations, theft of computer source code etc. In other words
this is also referred to as cyber squatting.
5. Email spoofing : It is imitation of other email or
misuse of others email account. A spoofed email is one that
appears to originate from one source but actually has been
sent from another source. E.g. X has an e-mail address160 Business Regulatory Framework
[email protected]. His enemy, Y spoofs his e-mail and
sends obscene messages to all his contacts and friends. Since
the e-mails appear to have originated from x, his friends
could take offence and relationships could be spoiled for
life. Email spoofing can also cause monetary damage.
6. Forgery : Counterfeit currency notes, postage and
revenue stamps, mark sheets etc. can be forged using
sophisticated computers, printers and scanners.
Outside many colleges across India, one finds agents
selling the fake mark sheets or even certificates. These are
made using computers, and high quality scanners and
printers.
7. Cyber Defamation: This occurs when defamation
takes place with the help of computers and / or the Internet.
E.g. someone publishes defamatory matter about someone
on a website or sends e-mails containing defamatory
information to all of that person’s friends.
8. Cyber stalking : Cyber stalking means repeated use
of electronic communication to harries frighten someone.
Similarly unwanted messages, obscene emails etc. are sent
to his account to disturb the person.
9. Hacking : Unauthorized access are use of computer
systems or networks.
10. Email bombing : Email bombing refers to sending
a large number of emails to the victim resulting in the
victim’s email account (in case of an individual) or mail
servers (in casé of a company or an email service provider)
crashing
12. Data Diddling : This kind of an attack involves
altering raw data just before it is processed by a computer
and then changing it back after the processing is completed.
Electricity Boards in India have been victims to data
diddling programs inserted when private parties were
computerizing their systems.capcs Regulatory Framework |
F 161
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_14. Denial of Service attack : This involves flooding a
computer resource with more requests than it can handle.
This causes the resource (e.g. a web server) to crash thereby
denying authorized users the service offered by the resource.
This is similar to e-mail bombing.
It is very difficult to control such attacks. The attack is
initiated by sending excessive demands to the victim's
computer(s), exceeding the’ limit that the victim’s servers
can support and making the servers crash.
Denial-of-service attacks have had an impressive
history having, in the past, brought down websites like
Amazon, CNN, Yahoo and. eBay!. ,
45, Virus / Worm Attacks: Viruses are programs that
attach themselves to a computer or a file and then-circulate
themselves to other files and. to other computers‘ ona
network. They. usually affect the data on a computer, either
by altering or deleting it.
16. Trojan attacks: A Trojan as this program is aptly
called. is an ‘unauthorized program which functions from
inside what: seems to be an authorized program, thereby
concealing what it is actually doing. There are many simple
of installing a Trojan in someone's computer.
18. Internet time theft: It is illegal use of another
person’s'internet facility. The bill of internet service his paid
by one Mr. Xitis misused by other ie. Mr. Y.
joney (say
waysNeed for Cyber Law
The existing laws in India are not enough to punish
the crimes committed on online or Cyberspace.
Increasing use of internet for every kind of
transaction, whether, Social, Financial, Medical etc., has led
to its misuse and crimes. To control this a separate law was
felt. The need for cyber law is for following reasons.
Transactions in investments are in demat form.
Almost all companies extensively depend upon their
computer networks and keep their valuable data in
electronic form.
Government forms including income tax returns,
company law forms etc. are now filled in electronic form.
Consumers are increasingly using credit cards for
shopping.
Most people are using email, cell phones and SMS
messages for communication. ;
Even in "non-cyber crime" cases, important evidence is
found in computers / cell phones e.g. in cases of divorce,
murder, kidnapping, tax evasion, organized crime,
terrorist operations, counterfeit currency etc.
Cyber crime cases such as online banking frauds, online
share trading fraud, source code theft,.credit card fraud,
tax evasion, virus attacks, cyber sabotage, phishing
attacks, email hijacking, denial of service, hacking,
pornography etc are becoming common.
Digital signatures and e-contracts are fast replacing
conventional methods of transacting business.Features of Cyber Law and IT Act
Cyber law and LT. act 2000 have following features.
The act is applicable to all online, cyber transaction in India.
1.
The act encourages helps every activity in society to
carry online business, commerce, education, Health.
Any service transactions can be carried on easily.
The web system connects suppliers and users of
information to avail the service, wherever they act.164
Business Regulatory Framework
Business organisations expand their business through
online. Companies, MNC’s can render their service to
the customer in any corner of the world.
Cyber Jaw provides security to the business that is
carried online. A security system is installed to protect
like interest of participants. The receipts, payments
services every transactions mentioned is regulated
through proper authorities. It has a legal system to
control cyber crimes.
Cyber regulation authority is established that monitors
all cyber, online acts. Fake acts are detected, controlled
punished through that system.
Validation of digital Signatures : Every act is certified
by signature by the parties. In case of cyber acts, digital
signature of the parties is with regularity authorities.
The authorities legal cell acts through digital signatures
and control the fake transactions.
“Cyber law has its legal system to lake action against
parties. That commit cyber crimes. Parties who are
penalized under cyber law, have right to appeal the
High court if they have opinion that justice is not done
to them under cyber law.
Cyber law has provision for appointment of controller
of certifying authorities, depository of digital
signatures. The system has separate cyber Regulations
authority to monitor control all cyber acts.
Police has right of inspection, search of any officer,
establishment to verify cyber acts and crimes.
The act of cyber law is not applicable under for
following activities.
a, Execution of negotiable instruments like Bills,
Promisely notes etc. but however, it is applicable to
transactions in cheque and bank installments.
b. Execution of power of authorizes under power of