CYBER CRIME & CYBER
LAW
For FAFD
CA .KRISHNA CHAITANYA. M
B.COM, L.L.B, MFT, FCA, DISA, CISA
CYBER CRIME
The First faults are theirs that
commit them, the second faults are
theirs that permits them.
-Thomas Fuller
What is meant by CRIME ?
An action or omission which constitutes
an offence and is punishable by law.
What is a cyber-crime?
Crime which involves any digital
device can be termed Digital
crimes.
Crime committed using internet
(computer) can be termed as
cyber-crime.
Now-a-days the difference between the both is
becoming very narrow due to increased usage of
internet and every digital device is capable of
connecting to internet.
Features of Cyber Crime
• Computer or computer networks are used as a tool
or a target of criminal activity.
• Examples of cyber-crimes - Unauthorised access to
computer system, data destruction, data alteration,
theft of Intellectual property.
• Easy to learn how to commit and require few
resources relative to potential damage caused.
• Can be committed in a jurisdiction without being
present in it.
• Offences against the (CIA) confidentiality, integrity
and availability of computer data or systems or
networks fall under this category.
First recorded Cyber crime
• The first recorded cyber crime took place in year
1820 in France. (Joseph Marie Jacquard a textile
Manufacturer)
• The First spam email took place on May 3rd 1978
when it was sent out over the ARPANET.
• The first virus was installed on apple computer in
1982 when a high school student, Rich Skrenta,
developed the EIK Cloner.
Categories of Cyber Crime
• The computer as a target: - using
a computer to attack other
computer, e.g. Hacking,
Virus/worms attacks, Dos (Denial
of service) attack etc.
• The computer as a tool: - Using a
computer to commit real world
crime, e.g. Cyber terrorism, credit
card fraud and pornography etc.
Categories of Cybercrimes
Crimes against Crimes against
Crimes against business
Crimes against Individual government
persons property
Cyber Hacking of
Computer terrorism Co.s Website
Cyber stalking, Vandalism,
email spoofing transmitting
etc. virus etc.
Severity based Cyber Crimes
1. Violent or Potentially Violent crimes: Crimes that
pose a physical risk to some character or persons.
The can be further categorised as:
a. Cyber Terrorism
b. Cyber Stalking
c. Assaults by Threat
d. Child Pornography
2. Non-violent cybercrimes: - Crimes that indirectly
pose a risk. They can be categorised as:
a. Cyber theft
b. Cyber Trespass
c. Cyber Fraud
Examples of Cybercrimes
HACKING: means illegal intrusion of information on a
computer system and/or network.
Motive behind such crimes are greed, power,
publicity, revenge, adventure, desire to access
forbidden information etc.
DATA THEFT: IT Act, crime of data theft under section
43(b) is stated as – If any person without permission
of the owner of a computer, or computer networks
downloads, copies or extracts any data, computer
database or information including information or data
held or stored in any removable storage medium,
then it is data theft.
E-MAIL SPOOFING: E-mail spoofing is e-mail activity
in which the sender’s address and other parts of the
e-mail header are altered to appear as though e-mail
originated from a different source.
• A spoof email is one that appears to originate from
one source but actually originated from another
source.
• Hackers use this method to disguise the actual
email address from which phishing and spam
messages are sent and often use email spoofing in
conjunction with Web page spoofing to trick users
into providing personal and confidential
information.
IDENTITY THEFT: This has become a major problem with people using
internet for cash transactions and banking services.
• In this Cyber-crime, criminal accesses the data about persons bank
account, credit card, debit card and other sensitive information to
siphon money or to buy things online in victim’s name.
According to IT Act identity theft means, whoever, fraudulently or
dishonestly make use of electronic signature, password or any other
unique identification feature of any other person is known as identity
theft.
CHILD PORNOGRAPHY: The internet is being highly
used by its abusers to reach and abuse children
sexually worldwide.
As more homes has access to internet more children
would be using internet and more are the chances of
falling victim to the aggression of pedophiles.
How do they Operate: Pedophiles use false identity to
trap the children, pedophile connect the children in
various chat rooms which are used by children to
interact with other children.
DENIAL OF SERVICE ATTACKS: This is an act by
criminals who flood the bandwidth of the victim’s
network or fills his E-mail with spam mail depriving
him of the service he is entitled to access or provide.
VIRUS DISSEMINATION:
Malicious software that attaches itself to other software.
VIRUS, WORMS TORJANHORSE, WEB JACKING, E-MAIL
BOMBING etc.
COMPUTER VANDALISM:
Damaging or destroying data rather than stealing or
misusing them is called cyber vandalism. These are
programs that attach themselves to a file and then
circulate.
CYBER TERRORISM:
Terrorist attacks on the internet is by disturbed denial
of service attacks, hate websites and hate E-mails,
attacks on service network etc.
SOFTWARE PIRACY:
Theft of software through the illegal copying of
genuine programs or the counterfeiting and
distribution of products intended to pass for the
original.
CYBER STALKING: Cyber stalking refers to the use of
an electronic medium to threaten someone by
strangers or known people.
This may include wrong allegations, threatening calls
or messages or emails, any kind of defamation and
many more.
Cybercrime Statistics in India
• Most number of Cyber Crimes reported in
Maharashtra & Uttar Pradesh
• With increasing internet penetration, cyber crimes
have also increased in the last few years. Between
2011 and 2015, the number of cyber crimes
registered in the country has gone up 5 times.
Maharashtra & Uttar Pradesh alone accounted for
1/3rd of these crimes.
• With increasing mobile and internet penetration in
the country, cyber crimes have also increased
proportionately.
Cybercrime Statistics in India
Cybercrime Statistics in India
IT Act IPC
Cases Persons Cases Persons
Year Registered Arrested Registered Arrested
2011 1791 1184 422 446
2012 2876 1522 601 549
2013 4356 2098 1337 1203
2014 7201 4246 2272 1224
2015 8045 5102 3422 2867
Total 24269 14152 8054 6289
Cybercrime Statistics in India
Prevention of Cybercrime
Prevention is always better than cure.
• It is always better to take certain precautions while
working on the internet.
• The 5P’s mantra for online security are as follows:
• Precaution
• Prevention
• Protection
• Preservation
• Perseverance
Prevention of Cybercrime
• Given below are a few steps that can be followed to
prevent cybercrime.
• Identification of exposures through education will
help companies and firms meet these challenges
• One should avoid disclosing any personal
information to strangers, via email or while chatting
or through any social networking site.
• One must avoid sending photographs to strangers
online, as incidents of misuse or modification of
photographs are on the rise.
Prevention of Cybercrime
• An updated anti-virus software, also regular backup
of data.
• Never send debit/credit card number to any site
that is not secured.
• Parents should keep a watch when their children
are accessing internet, to prevent any kind of
harassment of deprivation.
CYBER LAW
• According to law, a person is punishable if he/she
violates the rights of others but,
in ethics, he is guilty if he/she thinks of doing so.
- Immanuel Kant
CYBER LAW
Introduction to Cyber Laws
• The Information Communication Technology (ICT) has
spread rapidly all over and increased new opportunities in
every field like entertainment, business, sports, and
education.
• But as each coin has two sides, the Internet also has its
own advantages and disadvantages. The most dangerous
disadvantage in cybercrime – illegal activity committed on
the internet.
The modern thief can steal more with a computer than with a
gun. Tomorrow’s terrorist may be able to do more damage
with a keyboard than with a bomb.
-National Research Council, “Computers at Risk,” 1991
CYBER LAW
• Definition: Cyber law or Internet law can be defined
as a field which encapsulates the legal issues
related to use of the Internet / computer / software
/ hardware.
• Cyber law is the law governing cyber space. Cyber
space is a very wide term and includes computers,
networks, software, data storage devices, the
internet, websites, e-mail and even electronic
devices such as cell phones, ATM machines and so
on.j
CYBER LAW
Cyber law encompasses the rules of conduct –
1. That have been approved by the government, and
2. Which are in force over a certain territory, and
3. Which must be obeyed by all persons on that
territory.
Violation of these rules could lead to government
action such as imprisonment or fine or both or an
order to pay compensation.
Classification of criminal offenses
Based on the seriousness of the crime and the
severity of the penalty.
1. Violations: These are the least serious offenses
and the penalty is only a fine.
• Example: offenses such as theft, property damage,
and others that cause monetary loss are classified
according to the amount of the loss or damage.
2. Misdemeanors: These are more serious than
violation and the penalty is fine or jail.
• Example: A network intrusion that causes little loss
is an example of misdemeanor.
Classification of criminal offenses
3. Felony-misdemeanors: These are less serious than
felonies and more serious than misdemeanors.
The penalty for the same could be that of
misdemeanor or a felony. The final decision is
taken by the prosecutor or the judge concerned
with the case.
4. Felonies: These are the most serious offenses and
the penalty is imprisonment or the death penalty
for the most serious cases in some jurisdictions.
• Example: An attack that results in large monetary
losses to the victim is example of a felony.
Need of Cyber Law
There are various reasons why it is extremely difficult
for conventional law to cope with cyberspace. Some
of these are:
• Cyberspace is an intangible dimension that is
impossible to govern and regulate using
conventional law.
• Cyberspace has complete disrespect for
jurisdictional boundaries.
Example: A person in India could break into a banks
electronic vault hosted on a computer in the USA and
transfer millions of Rupees to another bank in
Switzerland, all within minutes.
• Cyberspace handles gigantic traffic volumes every
second.
• Cyberspace is open to participation by all.
• Cyberspace offers enormous potential for
anonymity to its members.
• Cyberspace offers never-seen-before economic
efficiency. Billion dollar worth of software can be
traded over Internet without the need of any
government licenses, shipping and handling charges
and without paying any customs duty.
• A software source code which is worth millions or a
movie can be pirated across the globe within hours
of their release.
Bodies of Law
Laws can be divided into three different bodies as
shown below. The intent of evidence and the level of
evidence required to win certain cases are different
depending on the applicable body of law.
1. Criminal Law
• The term illegal refers to violation of criminal law or
penal law. Criminal laws are designed to protect
society and individuals from harmful accidents.
They are also designed to punish offenders with the
punishments, the offenders are jailed or are
imprisoned or even hanged till death in the more
serious cases
Bodies of Law
Penalties for violating a criminal law may include the following:
1. Waring Citation: It usually occurs in case of traffic laws.
2. Citation that imposes a fine: It is monetary payment which goes to the
state.
3. Compensation/restitution: It is monetary payment which goes to the
victim.
4. Community Service: It is compulsory “volunteer” work in a charitable
organisation or governmental body.
Probation is a type of supervision by the government for a specific time period
on account of confinement, which may include court-ordered restrictions on
behavior.
1. Confinement in Jail: It is usually for a limited time period, like a few days to
a month to a year.
2. Confinement in Prison: It is for a more extended time period, which ranges
from few months to life.
3. The death penalty: It is usually awarded to people convicted for serious
crime like murder.
Bodies of Law
2. Civil Law
• The main objective of this law is to settle disputes
between persons or parties. Civil wrongs are not
crimes and they are called torts. In a civil suit, the
party who initiates the lawsuit is called the plaintiff,
and the person against whom the suit is brought is
called the respondent or the defendant.
• Vicarious liability is the legal responsibility that one
person or entity has for someone else’s actions.
Example, parent can be held responsible for the act
of child or employer can be held responsible for an
employee’s acts.
Bodies of Law
• Administrative/Regulatory Law
• This body of law consists of rules and regulations
that are enacted by a governmental agency under
authority given to it by the legislative body and that
applies to a particular occupational field or governs
a particular area of life.
• Example, an administrative action brought against
doctor, lawyer or CA by respective regulatory body.
• Thus, the proceedings are called quasi-judicial.
Types of Law
Types of law
1. Laws that are passed by a legislative body.
2. Laws that are created through court decisions.
3. Laws that arise out of tradition and practice.
The origin of a law determines whether it is
considered to be:
• Statutory law
• Case law
• Common law
Understanding Criminal Culpability
Generally, criminal culpability includes one of four
mental states: Intentional, Knowing, reckless or
negligent.
• Intent
It is the planned yearning of the person to obtain the
outcome of the act.
For example, if person sees a pedestrian crossing the
road before him, sees that the person is his archrival
whom he has long wished dead, and purposely aims
the car at the pedestrian and accelerates, killing him,
the mental state is intentional and the crime is
murder.
Understanding Criminal Culpability
Knowledge
• The person knows that the act will result in the
outcome.
For example, regardless of the possibility that he does
not have the intent to kill, if the driver sees the
pedestrian, just does not have a craving for backing
off, and runs him over, the mental state is knowing.
• The crime is still murder in many jurisdiction, in
light of the fact that the murder statutes for the
most part determine “intentionally or knowingly” as
the required level of culpability for that offense.
Understanding Criminal Culpability
Recklessness
• The person is aware about a huge threat if he/she
engages in the act; it will bring about the outcome.
For example, if a man is driving a car too fast,
breezing through stop signs and paying no attention
to the road as he bops to the tunes on his car stereo,
and in so doing he runs over a pedestrian at a crossing
and kills him, the mental state is reckless.
Understanding Criminal Culpability
Negligence
• The individual should have realized that there was danger on the off
chance he or she engaged in the act.
• For example, if a car’s brakes fail or not in good condition, yet the
person keeps on driving the car without having them repaired, sees
the person on pedestrian crossing the road before him and tries to
stop but cannot and kills the pedestrian, the mental state is negligent
and the crime is criminally negligent murder.
On the other hand, if a man is driving down the road, obeying the speed
limit and traffic signs and generally taking care, and a walker all of a
sudden darts into the street from between two stopped or parked cars
directly into the way of the car and is hit and killed, there is no
punishable mental state and there is no crime; the incident is accident.
Level and Burden of Proof
Two important differences between criminal and civil
law are the level of proof required and the side on
which the burden of proof lies.
In a criminal case, the burden is on the prosecution to
prove its case; if it does not, the defendant will be
acquitted without having to provide any case at all.
• This is based on the presumption of innocence until
proven guilty that is the basis of criminal law.
• The level of proof required in criminal cases is very
high: Guilt must be proven beyond a reasonable
doubt.
Level and Burden of Proof
In a civil case, the burden is generally on the
respondent who is accused on civil wrong to prove
that he or she is not liable. The level of proof required
is much lower than in a criminal trial, the party that
proves its case by a preponderance of the evidence
wins the case.
• Mapping of Cybercrimes with the IT Act
Cyber Crimes in India are registered under three broad heads, the IT Act,
the Indian Penal Code (IPC) and other State Level Legislations (SLL). The
cases registered under the IT Act include
Tampering computer source documents Section 65 IT Act
Loss /damage to computer resource/utility Section 66 (1) IT Act
Hacking Section 66 (2) IT Act
Obscene publication/transmission in electronic form Section 67 IT Act
Failure of compliance/orders of Certifying Authority Section 68 I T Act
Failure to assist in decrypting the information intercepted by Govt
Agency Section 69 IT Act
Un-authorised access/attempt to access to protected computer
system Section 70 IT Act
Obtaining licence or Digital Signature Certificate by
misrepresentation / suppression of fact Section 71 IT Act
Publishing false Digital Signature Certificate Section 73 IT Act
Fraud Digital Signature Certificate Section 74 IT Act
Breach of confidentiality/privacy Section 72 IT Act
On the other hand, cases are also registered
under the IPC and those include
Offences by/against Public Servant Section 167, 172, 173, 175 IPC
False electronic evidence Section 193 IPC
Destruction of electronic evidence Section 204, 477 IPC
Section 463, 465, 466, 468, 469, 471, 474, 476,
Forgery 477A IPC
Criminal Breach of Trust Section 405, 406, 408, 409 IPC
Counterfeiting Property Mark Section 482, 183, 483, 484, 485 IPC
Tampering Section 489 IPC
Counterfeiting Currency / Stamps Section 489A to 489E IPC
Queries
Ideas/Suggestions
THANK YOU
CA KRISHNA CHAITANYA
[email protected]
9849411009
