What is Cyber Law - CYBER - SPACE
CYBER - SPACE
science fiction author William Gibson definition Global computer network linking all people machine and sources. Oxford dictionary meaning cyber electronic communication network and virtual reality are the science of cybernetics the science of communication and automatic control system in both machines and living things. cyberspace called a new universe or parallel universe. silent feature of the cyberspace virtual world information and Communication Technology, internet technology expanding the boundaries of the cyberspace day to day cyberspace dumpling every 100 days information superhighway speed is tremendous very less source cyberspace and the real world impact each other.
NETIZEN person in cyberspace is called netizen is a person who becomes part of large internet society or internet citizen.
CYBERCRIME is very problematic related to computer crime most dangerous of all crime because the victim is not aware of steal damage or destroy computer data. CHARACTERISTIC OF CYBERCRIME silent in nature no eyewitness .global in character vast and no National boundaries criminal sitting comfortably so far of the country nonexistence of the physical evidence it is a digital format creates high impact on term of losses high potential and easy to perpetrates unnoticed untouched and unreported due it's anonymity.
DIFFERENCE BETWEEN CYBERCRIME AND TRADITIONAL CRIME
CYBERCRIME
evidence of Cybercrime based on forensic investigator no-traced cybercrime easily
time involved investigator cannot locate them and time and easily arrest cybercriminal it means hacker
forced involved forced involved no physical injury but mental injury under the cybercrime
speed based on machine or computer
TRADITIONAL CRIME
traditional crime easily traced based on evidence are Physical evidence is also easily available time based on traditional crime short time period to investigation force involved in traditional crime physical injury speed the speed based on traditional crime more time planning preparing and executing the crime.
CYBER CRIME CLASSIFICATION THREE TYPES
Person
Property
Government
CRIME AGAINST PERSON
Harassment way of the email sending letter example Facebook Twitter and Orkut etc.
cracking broke computer system without your knowledge cyberstalking it means expressed or implied of physical threat to through the use of Computer technology search internet email phones
Hacking un authorized control over the computer
dissemination of obscene material obscene exposure pornography physically child pornography prohibited material
SMS spoofing .uninvited message blocking through spam defamation imputing any person without intention to lower down the dignity of the person
email spoofing miss-representation
child pornography sexual exploits underage children
carding false ATM card debit and credit cards criminal there monetary benefits
cheating and fraud stealing password and data storage has done it with having a guilty mind
Crime against property
intellectual property crimes IPR violation software piracy infringement of copyright Trademark patent design and service mark solution of computer source code.
cybersquatting two persons claim for the same domain name and claiming had registered example www .yahoo.com or www.Yaahoo.com
cyber vandalism destroying or damage the data when a network service physical harm done to the computer or any person
hacking of computer system loss of the data for financial gain transmitting virus affected the data
internet time theft internet hours paid for by another person access the internet without the other personal knowledge other persons knowledge.
Cybercrime against government
Cyber terrorism endanger the sovereignty and integrity of the Nations cyber warfare politically motivated hacking distribution of the pirated software possession of unauthorized information political religious social ideological objectives.
Cybercrime against Society at large
child pornography exploit in underage child cyber trafficking drugs, human beings arms online gambling fraud and cheating ,finance crime Attack by sending bogus mail or messages forgery online business.
NEED FOR CYBER LAW
Need for Cyber Law for breach of online contract at the time cyberspace authority to regulate criminal’s activities modern cyber Technology regulates Cybercrimes through regulating cyber Technologies cyber ACT or IT ACT 2000.
THE TARGET OF COMPUTER CRIMES internet connectivity internal internet abuse internet service provider ISP common target of computer crime computer used by military and intelligence agencies business houses targeted bank and financial institution Government and the service industries, trading companies, universities scientific target by students scientific research centers target
FUNDAMENTAL OF THE CYBER LAW right to not be harassed protection of the private information monitoring of child protection measures look for an activity that causes a security threat safeguarding against scams discussion of Cyber Law are designed awareness.
CHALLENGES OF CYBER LAW legal challenges, operational challenges, technical challenges Cybercrimes are after the committed beyond the Nation's borders.
CYBER JURISDICTION Real world of the government power cyber jurisdiction is still in the stage of development as a legal concept
Cyber Law in the jurisdiction cyber world every state should have its national law having extraterritorial jurisdiction United Nation Commission on international trade law (u n c I t r a l) model law e-commerce in 1996 and adopted 30/1/ 1997 information technology act 2000
Jurisdiction issue in IT Act Section 75 of the IT Act 2000 says investigation of the cybercrime the primary function of the cybercrime investigator based on the of ascertain record and Facts identify criminals arrest secure preserve and evaluate evidence put evidence in court in legal and presentable method investigation officer prepare case Diaries, general Diaries witness statement inspection of the scenes of crime search and recover arrest bail pre-trial court proceeding example remand interrogation opinion of the opinion of the forensic science laboratory is of the experts. when to start investigation police officer or any duly authorized can start investigation into the cognizable offence without the order of the magistrate FIR under the section 154 CRPC how and where to start investigation computer system documentation system logs background personal telephone records electronic media equipment.
CYBER FRAUD is any crime that is committed with use of computer on the computer data fraud will be result in obtaining a benefit altering computer that are unauthorized way altering and destroy suppressing for stealing for unauthorized transaction and difficult to dictate delete stored data misusing existing system tools altering for writing code for the fraudulent purpose identity theft stolen bank accounts hacking fishing accept CYBER THEFT stealing of financial or personal information through use of computer for making its fraudulent or other illegal use IDENTITY THEFT is an elaborate use of someone else identity usually as method to gain financial advantage for obtaining credit and another benefit in the personal name. HACKING COMPUTER HACKING is ascertain meaning of a computer system without the express or implied permission of the owner of that computer system personal a person who has engaged in this activity is known as a computer hacker essential of the computer hacking causing a computer to perform a function simply is switching on computer would be causing is to be perform a function with intent in source unauthorized access hacker intention securing unauthorized law relating to hacking according to Section 66 of IT Act 2000 intend to cause or knowledge wrong losses or damages to the public cyber defamation IPC section 499 define definition of defamation through the internet with intention of different fathers cyber defamation law is being implemented China and South Korea is the first democratic country in the process of in intrude using the law introducing the law advocate fuse view field to prevent number of victims cyber-bullying freedom of speech comes opposing view cyberspace current law
CYBER STALKING SECTION 509 IPC cyberstalking involve a follower person movement across the internet by posting messages sometimes the constantly bombarding the victim with emails cyberstalking is a virtual or electronic form of physical stalking harassing for threatening behavior very important case law related to Cyber stalking Manish kalhuria v/s Ritu Kohli
CYBER TERRORISM terrorism and internet are interrelated terrorist spread through messages of hate and violence section 66F IT Act 2000 punishment for the cyber terrorism punishable imprisonment or extend to imprisonment for life CYBER PRONOGRAPHY obscenities Oxford Dictionary the explicit discerption or exhibition of sexual subject or activity in in Literature painting films and Webster dictionary writing a picture pornography or pornography Greek language prono means prostitute and graphic means write .
CHILD PORNOGRAPHY child pornography is a more serious concern in cyberspace under the age of 18 engaged in the actual or simulated sexual activity including lewd/भद्दा/ Exhibition of genitals Interpol according to the interview increase boom in new and pornography poses according to Kaiser Family Foundation report 70% of teenager age 15 to 17 accidentally come across pornography web serious problem of the sexual addiction.
SPAMMING spam is an unsolicited junk commercial companies send out asking you to buy their goods and services at the time it may contain inducement to visit seller’s site.
PHISHING increase in the use of online banking online share trading and e-commerce there has been a corresponding growth in the incident of phishing being used to carry out the financial frauds phishing in was fraudulently acquiring sensitive information example password, credit cards details, etc. masquerading as a trusted entity and the victim receives an email that appears to have been sent from his bank The Email urges the victim to click on the link in the email when the victim does so he is taken to a secure page on the bank's website the victim believe the webpage to be authentic and he and his username password and other information, in reality, the website is a fake and the victim's information is stolen and misused.
SOCIAL NETWORKING is an online service platform or site that focus on the facility the building of the social network or social relation among the people who for explain share interest activities background or real-life connection of social network service consists of a representation of each user a profile is her service are webpage and provided means for the user to interact over the internet such as email and instant messages social networking sites allow the users to share ideas activities events and interest within their individual networks example social media sites include Facebook Twitter LinkedIn and Google
POSITIVE AND NEGATIVE EFFECTS OF SOCIAL MEDIA ON SOCIETY
THE POSITIVE EFFECTS OF SOCIAL MEDIA
social network helps the business in variety of ways the increasing social networking sites have open the opportunity for all the writers and bloggers to connect with their client your expertise and articles the positive impact of the social networking site is Unity people on a huge platform for the achievement of the some specific objective.
THE NEGATIVE EFFECT OF SOCIAL MEDIA
The negative effect of the social media or network is it leads to addiction spending continue continuous I was on the social site .kids can be greatly affected by these social networking sites. Social media is the user share to watch information which may pose threat to them it can also waste of time as a people can visit a site to check on think and end up spending the whole day behind the screen and as the result not doing anything useful with their lives
LEGAL ISSUES RAISED IN SOCIAL NETWORKING site there are some major legal issue which arise in social networking site like a defamation issue privacy issue copyright issue and also a lot of the people are facing the problem of prankster creating a fake profile on the social networking site some cases as are there in Delhi Mumbai where people are the facing this problem fake profile.law pertaining to social networking site in India legal action are there under the information technology act if the profile is not withdrawn and the absence phone calls continuous legal recourse is there are protection section 67 of the information technology act of 2000 provide that publishing of the information that is obscene in electronic media in amenable for imprisonment for a term for extend to 3 years or with fine may extend rupees 500000 the offence is cognizable and non-cognizable The Criminal Procedure Code clearly mandates their FIR has registered on the complaint and police Superintendent of Police under the section 154 sub clause 3 of CRPC.
WEB JACKING just as a conventional hijacking of an airplane is done by using the force similarly web jacking means of forcefully taking over the control of a website the motive is usually the same as hijacking ransom the perpropreter have either a monetary or political purpose which they try to satiate by holding owner of the website to Ransom. the occurs when the someone forcefully takes control of the website by cracking the password and letter changes it the actual owner of the website does not have the control anymore over the appearance on that website.
RIGHT TO PRIVACY privacy may be defined as a claim of individual groups or institution to determine when how and to what extent information about them is communicated to others piracy can be defined as a right to left alone vs a human being want to some space or privacy so that we can enjoy our life the way we want one should not have the fear of privacy intrusion in its own home or will enjoy his private life also a citizen has a right to protect the privacy of life marriage life family health procreation and other matter in the simple word privacy is a right of individuals to make a personal decision regarding his personal matter speculated from public Unity Public scrutiny with the advent of internet a new term called internet privacy has become into the Limelight what amount to privacy infringement in cyberspace privacy over the internet can be violated and it is difficult to list and explain all then it is an imperative therefore to be explain privacy infringement in general terms whereby any act befitting this general explanation result into the violation of the privacy.
SECTION 66 E PUNISHMENT FOR VIOLATION OF PRIVACY whoever intentionally or knowingly capture publish or translate the image of a private area of any person without his or her consent under the circumstances violating the privacy of that person shall be punishable with imprisonment which may be extended to 3 years of fine with fine with fine not exceeding 200000 rupees or with both.
EMAIL BOMBING referred to sending a large number of email to the victim result in their victim's email account increase of the individual or mail server in case of a company or a mail to service provider crashing email bombing is a type of denial of service attack a denial of service attack is one in which a flood of information request to send to server bringing the system to its knees and making their server impossible to access.
DATA DIDDLING one of the most common form of the computer crime is the data didn't illegal or unauthorized data correction alteration this change can be occur before the Turing of data input or before output data diddling case have an affected Bank payrolls inventory records credit cards schools transcription and Virtually all other forms of data processing zone known related case law the NDMC electrical building fraud case that took place in 1966 is a typical example of the computer network was used for the receipt and accounting of electric city bill by the New Delhi Municipal Council .collection of money computerized accounting records maintenance and remittance in the bank were exclusively left to a private contractor who was the computer professional .he misappropriated huge amount by manipulating data file to show less receipt and bank remittance.
SALAMI ATTACK is used for commenting financial crime the key here is making the alteration so in signification that in the single case it would go completely unnoticed for instance of bank employee insert a program into the bank server that detects a small amount of money say Rs 2 a monthly from the account of every customer no holder will probably notice this unauthorized debit but the bank employee will make a sizeable amount of money every month is called Salami attack as it analogous to slicing the data thinly like selling.
DENIAL OF SERVICE ATTACK is called dos attack involve loading a computer with more request then it can handle this cause the computer to crash and result in authorized user being unable to access the service offered by the computer let us consider an ordinary text of computer if you run a few programs Microsoft Word Internet Explorer media player extra simultaneously it would be work fine if you try running doesn't of program simultaneously the computer would slow down or even stop responding another variation of the typical denial of the service attack is known as a distributed denial of the service DDOS attack where in the perpetrator are many and are geographically widespread.
INTERNET TIME THEFT is generally defined as taking away of the property from a person's position without his consent in the term of cyberspace have can be when somebody use another person's internet our without the consent of the person as such there is no specify specific provision under the Indian cyber act IT Act 2000 but section 379 of IPC can know very well be used to cover Sachkhand the growth of Internet in India has led to the pre valence Reliance of the practice of psychotherapy in our country the booking of person under the present legal provision in the legal view is still awaited in one of the earliest case of the cybercrime in India in the year 2000 that Delhi police had arrested Mukesh Gupta Sakshi Nagpal Shashi Nagpur and Krishna Kumar for illegally using the internet hour and account they had been arrested for the world leading provision of the Indian Telegraph act 1885 at the time when the Indian cyber law had not been passed in this case khol de Silva reported the theft of internet time about 107 power purchase from BSNL on November 4th 1999 engineer is computer crashed the replacement of hard disc about 2 month after that one on checking found his internet time account exhausted on his complaint case under section 33179 IPC read with 25 Indian Telegraph act registered at and investigation take up log details with the telephone number for the internet connection of school Bajwa collected security level 10 full telephone numbers using internet account then Mukesh Gupta and the other two Shashi Nagpal and Krishna Kumar arrested for giving complaint number to different people for use
FREEDOM OF EXPRESSION IN CYBERSPACE article 19 class 1 of the Indian Constitution secure the right to freedom of speech and expression to Everest it means right to express once conviction and opinion freely by word of mouth writing printing picture or any other but here we are interested only with the cyber space that is the internet media Facebook Twitter extra unlike US Constitution Indian Constitution does not expressly mention the liberty of press press provide information and 10th as per man permanent means of dialogues communication between the people and their elected representative in Parliament and the government does press is not limited to vote casting and television but also cyber Technology alone has hundred million internet user and large number of the people still depend in the way of on cyberspace for their daily work right to freedom expression put forth both positive and negative application other state will be the positive application obligation over the state will the positive application is that the state ensure that every citizen has ensure that society at large in not the right section 66 a of IT Act prescribed punishment for the sending offensive messages through computer or any other communication device and and a conversation can a maximum of three years represent the Supreme Court on 24th March 2015 declared the section 66a of information technology act as unconstitutional as this section has been widely misused in various state by the police to arrest innocent person for the posting critical comments about the social and political issue and the political leader on cyberspace
MEANING OF COMPUTER VIRUS a computer virus is a program that is specially designed to corrupt or destroy file and hang and lock up the computer system the infectious program as called virus attaches itself to another file on a storage device say floppy or hard disk and duplicate itself without the user knowledge the virus attacks the computer by erasing and deleting file from the hard disk or by formatting the disk the virus enters through an infected floppy hard drive pen drive through an unauthorized or pirated program virus are from forms of hi-tech malicious maliciousness computer virus are deviant programs that can cause of destruction to computer that contact them the virus then usually attach itself to the hard disc.
TYPE OF VIRUSES viruses may take a several forms. The two principal viruses are the boot sector virus and file viruses in addition other viruses are also there to be created problem for your computer system they are listed under the boot sector virus file virus worm Trojan horse polymorphic virus mutation engine.
VIRUS ACTION generally virus action are considered with the way which they enter or get loaded into the memory of the computer system virus maybe get loaded into the Ram by using the different method load from the bootstrap loader node from command it may, in fact, a.com or . Exe files and start spreading each time that is executed .
TYPE OF EFFECTS slow down the system mark the good sector bad remaining all file with a single name and many more format the hard disc does destroy the data destroy the fat file allocation table corrupt files interfere with the display on the VDU.
METHOD OF ELIMINATION OF VIRUSES
ANTIVIRUS PROGRAMS
fortunately where are the some cures, prevention method and clean process of virus most of the time the virus spread through infected floppy .cleaning a virus does delete the virus code from the infected file while clean a disk of boot sector partition table virus involved deleting the virus code from the respective sector and copying the boot programs back to their original space Antivirus program makes scanning of the files for the following two indications of the virus activity .
CHANGING IN THE EXE AND PROGRAM FILES
When the virus program infected a program file virus usually affected the file in some way antivirus program keep track of file site and other information and to notify if there are any recent changes in any program files such as config.sys.
signature of viruses in the most cases the program acting like a virus contain data that is unique to the particular virus and antivirus program scan from for this unique data and indication the virus.
Types of antivirus program antivirus programs are mainly classified into three type’s scanners, antidotes, vaccine,
Scanner used to scan the virus from the hard disk or the floppy disk and detect any virus. Anti-virus scanners are based on the checking of the file sectors and the system memory and search for known the new virus search for known viruses mask are used in the method that is an algorithmic language describing all possible codes sequence. Some antivirus uses this approach to detect polymorphic viruses. heuristic scanning process analyses of the sequence of the instruction in the code scanner anti-virus program are classified into two categories general and special general scanner anti-virus program are designed to find and this all kind of viruses .specialized scanners designed to disarms only limited number of viruses or only one class of virus .
PREVENTION FROM THE VIRUS ATTACK FOLLOW DO AND DON'TS
DOS use authorized license software only. Scan other floppies using anti-virus program before using in your system frequent backup of all your files. If you are using an antivirus program on regular basis.
Don’ts do not run unknown programs copy and check for viruses are format the days when it is returned delete email and junk email do not download any file from strangers do not open any file attached to an email from an unknown suspicious or untrusted source.
DETECTION OF AN UNKNOWN VIRUS it is necessary that you have to use antivirus program to detect and delete the viruses antivirus program are available in market from the different companies example Quick Heal, Norton MacAfee, AVG is can.
PREVENTION OF CYBER CRIME exercise caution sharing with personal information such as your name email address etc. do not respond to email messages that ask for your personal information do not visit unwanted gambling or relative website avoid sending any photograph to stranger choose a strong password and cannot be easily decoded. always keep on reviewing your credit card and bank statement regularly always keep your computer up to date install firewall block the unwanted internet sites at regular interval.
