2. What is Cybercrime?
• In general meaning , hackers vandalizing your
site, viewing confidential information, stealing
trade secrets or intellectual property with the
use of internet.
• It can also include viruses attacks preventing
regular traffic from searching a respective site.
• Cyber crimes also includes criminal activities
done with the use of computers
3. • which further perpetuates crimes i.e. financial
crimes, sale of illegal articles, pornography,
online gambling, intellectual property crime,
e-mail, spoofing, forgery, cyber defamation,
cyber stalking, unauthorized access to
Computer system, theft of information
contained in the electronic form, e-mail
bombing, physically damaging the computer
system etc.
4. Classification of cyber crimes
• Cyber Crimes against persons.
• Cyber Crimes against person’s
property.
• Cyber Crimes against Government.
• Cyber Crimes against Society at large.
5. Cyber crimes against persons
• Harassment via emails
• Cyber stalking
• Cracking
• Hacking
• Defamation
• Dissemination of obscene material
• SMS , email spoofing
• Assault by threat
6. Cyber crimes against person’s
property
• Cyber vandalism
• Intellectual property crimes
• Cyber squatting
• Hacking official computer system
• Cyber Trespass
• Transmitting viruses
• Internet thefts
7. Cyber Crimes against Government
• Cyber terrorism
• Distribution of pirated software
• Cyber warfare
• Possession of unauthorized information
8. Cyber Crimes against Society at
large
• Child pornography
• Online gambling
• Financial Crimes
• Forgery
• Online Trafficking
9. Need Of Cyber law
• IT has spread throughout the world ;
Computer is used in each and every Sector we
possibly know.
• As increasingly diverse range of online
interaction personally and officially expands,
there is a simultaneous expansion of cyber
crimes as well.
• For that reason; it is necessary to enact cyber
law strictly.
10. Introduction of cyber law
• By the time of growth and expansion, the
word ‘CYBER’ came to the knowledge of
people and became popular.
• Internationally, The world’s 1st computer
specific law was enacted in the year 1970 by
the German State of hesse in the form of ‘Data
Protection Act, 1970.
11. • Whereas in India , Parliament decided to pass
The Information Technology act 2002 on 17th
October to deal with cyber space wherein
internet provides equal opportunities to all the
people to access any information, storage etc.
12. • Copyright Law : this is in relation to
computer software, computer code, websites ,
etc.
• Trademark Law : this is in relation to
domain names, meta tags , mirroring, linking
etc.
• Semiconductor law : this relates to the
protection of semiconductor integrated
circuits design and layouts.
• Patent Law : this in relation to computer
hardware and software.
13. Jurisprudence of Indian Cyber Law
• The primary purpose of the Act is to provide
legal recognition to electronic commerce and
to facilitate filing of electronic records with
the Government.
• The IT Act also penalizes various cyber crimes
and provides strict punishments
(imprisonment terms upto 10 years and
compensation up to Rs 1 crore )
14. • An Executive Order dated 12 September 2002
contained instructions relating provisions of
the Act with regard to protected systems and
application for the issue of a Digital Signature
Certificate.
• Minor errors in the Act were rectified by the
Information Technology (Removal of
Difficulties) Order, 2002 which was passed on
19 September 2002.
15. • The IT Act was amended by the Negotiable
Instruments(Amendments and Miscellaneous
Provisions) Act, 2002. This introduced the
concept of electronic cheque and truncated
cheque .
• Information Technology (Use of Electronic
Records and Digital Signatures) Rules, 2004
has provided the necessary legal framework
for filing of documents with the Government
as well as issue of licenses by the
Government.
16. • The Cyber Regulations Appellate Tribunal
(Procedure) Rules, 2000 also came into force
on 17th October 2000.
• These rules prescribe the appointment and
working of the Cyber Regulations Appellate
Tribunal (CRAT) whose primary role is to hear
appeals against orders of the Adjudicating
Officers.
• This prescribe the salary, allowances and other
terms for the Presiding Officer of the CRAT.
17. • On 17th March 2003, the Information
Technology (Qualification and Experience of
Adjudicating Officers and Manner of Holding
Enquiry) Rules, 2003 were passed.
• These rules prescribe the qualifications
required for Adjudicating Officers. Their chief
responsibility under the IT Act is to adjudicate
on cases such as unauthorized access,
unauthorized copying of data, spread of
viruses, denial of service attacks, disruption of
computers, computer manipulation etc.
18. • Jurisdiction is an aspect of state sovereignty and it
refers to judicial, legislative and administrative
competence. Although jurisdiction is an aspect of
sovereignty, it is not coextensive with it. The laws of
a nation may have extraterritorial impact extending
the jurisdiction beyond the sovereign and territorial
limits of that nation. This is particularly problematic
as the medium of the Internet does not explicitly
recognize sovereignty and territorial limitations.
There is no uniform, international jurisdictional law
of universal application, and such questions are
generally a matter of conflict of laws, particularly
private international law.
19. Case study of attacks in cyber
space
• Worm attack: The Robert Tappan Morris to
well known as first hacker, son of former
national security agency scientist Robert
Morris created worm at Cornell as student
claiming that he wanted to know how large
was the internet at that time.
• This worm destroyed around 6000 computer
systems and many computers were shut down
till they were malfunctioned.
20. • Ultimately , he was sentenced to 3 years of
probation , 400 hours of community service
and fine of $10500.
• So, So there must be strict laws to punish the
criminals who are involved in cyber crime
activities.
21. • Hacker Attack: Fred Cohen, Ph.D. Student
at the University of Southern California wrote
a short program in the year 1983, as an
experiment, that could “infect” computers,
make copies of itself, and spread from one
machine to another.
• Other computer scientists had warned that
computer viruses were possible, but Cohen’s
was the first to be documented. A professor of
his suggested the name “virus”. Cohen now
runs a computer security firm
22. • Internet Hacker: Wang Qun, who was
known by the nickname of “playgirl”, was
arrested by chinese police in the Hubei
province first ever arrest of an internet hacker
in China.
• He was a 19 year old computing student,
arrested in connection with the alleged
posting of pornographic material on the
homepages of several government-run web
sites. Wang had also hacked over 30 other
web sites too.
23. Cyber crimes in India
• As per the records , it has been noted that in
last 10 years the amount of cyber crimes in
India is increasing every year and apparently
years 2011 to 2013 top the charts.
• And it has been recorded that every year new
cyber crimes are taking place all over the
country.
26. Top 10 states in India
i. Maharashtra
ii. Andhra Pradesh
iii. Karnataka
iv. Kerala
v. Uttar Pradesh
vi. Madhya Pradesh
vii. Rajasthan
viii.West Bengal
ix. Punjab
x. Delhi
27. The bottom 10 States
i. Nagaland
ii. Lakshadweep
iii. Manipur
iv. Daman & Diu
v. Mizoram
vi. Sikkim
vii. Dadra & Nagar Haveli
viii. Pondicherry
ix. Andaman & Nicobar Islands
x. Tripura
28. Role of Government
• Government has set up cyber forensic training
and investigation labs in the States of Kerala,
Assam, Mizoram, Nagaland, Arunachal
Pradesh, Tripura, Meghalaya, Manipur and
Jammu & Kashmir for training of Law
Enforcement and Judiciary in these States.
• Cyber Crime Cells have been set up in all
States and Union Territories for reporting and
investigation of Cyber Crime cases.
29. • Number of Cyber forensics tools for collection,
analysis, presentation of the digital evidence
have been developed and are being used by
Law Enforcement Agencies.
• RBI has issued a circular to all commercial
banks about the phishing attacks and
preventions from phishing attacks to
implement and business processes in a better
way.
30. Consequences for committing
a Cyber Crime
• It is new world where few laws have been made to
fight criminal activity. However, people still get
punished if they are caught for a cyber crime.
Heavy fines
Restitution
Probation
Community Service
Possible imprisonment
31. Landmark cases of Cyber space
• China ‘s Online Crackdown by 900 hackers
-November , 2015
• Private reporting helpline case in New Delhi
-November , 2015
• India’s First wildlife Cyber Crime in
Maharashtra in September , 2014
• Number of cases registered in Andhra Pradesh
in Year 2013
32. Preventive measures for Cyber Crimes
• One should avoid disclosing any personal
information to strangers via e-mail or while
chatting.
• One must avoid sending any photograph to
strangers by online as misusing of photograph
incidents increasing day by day.
• A person should never send his credit card
number to any site that is not secured, to
guard against frauds.
33. • It is better to use a security programmes by
the body corporate to control information on
sites.
• Strict statutory laws need to be passed by the
Legislatures keeping in mind the interest of
netizens .
• A complete justice must be provided to the
victims of cyber crimes by way of
compensatory remedy and offenders to be
punished with highest type of punishment so
that it will anticipate the criminals of cyber
crime.
34. Advantages of Cyber Law
• From the perspective of e-commerce in India,
the IT Act 2000 and its provisions contain
many positive aspects. Firstly, the implications
of these provisions for the e-businesses would
be that email would now be a valid and legal
form of communication in our country that
can be duly produced and approved in a court
of law.
35. • Companies shall now be able to carry out
electronic commerce using the legal
infrastructure provided by the Act.
• Digital signatures have been given legal
validity and sanction in the Act.
• The Act throws open the doors for the entry of
corporate companies in the business of being
Certifying Authorities for issuing Digital
Signatures Certificates.
36. Disadvantages of
Cyber law
• Cyber security refers to the collection of tools,
policies, risk management approaches,
actions, training, best practices, assurance and
technologies that can be used to protect the
cyber environment and organization and
user’s assets and it proves to be expensive.
37. • Interception refers to listening to, recording,
monitoring or surveillance of the content of
communications, including procuring of the
content of data, either directly, through access
and use of a computer system or indirectly,
through the use of electronic eavesdropping
or tapping devices, at the same time that the
communication is occurring.
38. Ethics of cyber Law
• Evaluate the ethics of Cyber Law in Australia
The concept of cyber law in Australia is subject
to a wide range of controversy, due to the lack
of privacy offered to the individuals of
Australia. Policies regarding Cyber Law in
Australia are very narrow, and often do not
provide the adequate amount of privacy and
security to users in Australia, thus providing a
motive for the necessity of an alteration
of Cyber Law in Australia.
40. • Diploma in Cyber Law
• Diploma in Cyber Law+
• Cyber Crime Investigator+
• C5(Skills in Cyber crimes & attacks )
• Cyber career track
41. Cyber Law Schools in India
• Asian school of cyber Law(various colleges of
Mumbai)
• Distance Learning (E-learning)
• Indira Gandhi National open
university(IGNOU)
• Symbiosis School of law
• Other government & private school providing
certificate courses across the country
42. Information technology Lawyer
• An information technology attorney is a
professional who handles a variety of legal
matters related to IT. The attorney gets involved
in drafting, negotiating, and interpreting
agreements in the areas of software licensing and
maintenance, IT consulting, e-commerce, web
site hosting and development, and
telecommunications agreements, as well as
handling dispute resolution and assisting with the
client's Internet domain name portfolio.
43. • In India Bukh and Associates have built a track
record of success .
• Also, Prashant Mali, is a famous International Cyber
Law Expert, Privacy Law , Cyber Security & IPR
Attorney. A High Court Lawyer & Legal Counsel in
Mumbai India.
• He is country's only technology lawyer with prior
working experience in the IT Industry & then in Law
Field with Qualifications as Masters in Computer
Science (M.Sc.), Masters in Law (LLM), Certified
Computer Forensics Expert (CCFP).
44. conclusion
•
Since users of computer system and internet are
increasing worldwide, where it is easy to access
any information easily within a few seconds by
using internet which is the medium for huge
information and a large base of communications
around the world. Certain precautionary
measures should be taken by those who spend
most of the time online and assist in challenging
this major threat Cyber Crime.
