CYBER CRIME - ICSI
CYBER CRIM ELAW A ND PRA CTICEBACKGROUNDER(i)
November 2016Price : Rs. 200/- (Excluding postage) THE INSTITUTE OF COMPANY SECRETARIES OF INDIAAll rights reserved. No part of this book may be translated or copied in anyform or by any means without the prior written permission of The Institute ofCompany Secretaries of India.Published by :THE INSTITUTE OF COMPANY SECRETARIES OF INDIAICSI House, 22, Institutional Area, Lodi RoadNew Delhi - 110 003Phones : 45341005, 41504444; Fax : 24626727E-mail : info@icsi.edu ; Website : www.icsi.eduISBN : 978-93-82207795Printed at Samrat Offset Works/500/November 2016(ii)
PREFA CE“As t he w orld is increasingly int erconnected, everyone shares t heresponsibility of securing cyberspace.”- New t on LeeThe prologue of Inf ormat ion and Communicat ion Technology (ICT) has pavedt he w ay f or an advanced and sw if t communicat ion f or t he civilizat ion. Atpet i t e, t h is avant -g arde d aw n of t h e ICT has repl aced t he t radi t i on alcommunicat ion channels leading t o an ease, sw if t ness, convenience andexpediency in our regular t ransact ions. Along t he w ay, it has enhanced t hemodus operandi of carrying out t rade and commerce and has indeed escort edthe trade and commerce to reach the higher indices of grow th and development.How ever, t here is a f lip side, w it h an ease in communicat ion and elevat edt rade and commerce, t he crimes commit t ed t hrough the means and t he end ofICT commonly know n as Cyber Crimes have also risen exponent ially leading t oproport ionat ely expanding t he dimensions of Cyber Law.The increasing number of incident s, dif f erent met hods and modes employedin commit t ing such speckled crimes t hrough t he use of comput ers has raisedalarm bells t o provide f or a colossal legal prot ect ion including t he provisionf or punishments f or t he use of ICT f or illegal purposes. Indeed, t his specializedf ield of law has been ident if ied t o regulat e t he use of ICT w it h t w o mainobject ives viz., promot ing t ransact ions w it h t he use of ICT and prevent ing t heunaut horized and illegal use of ICT.This Book t it led “Cyber Crime: Law s and Pract ices” is an ef f ort made t o explaint he nuances of cyber crimes, including t ypes of Cyber Crimes along w it h somereal t ime cases t hat recent ly happened in t he Indian Jurisdiction. The book alsoanalyses t he present posit ion of Indian law on t he subject and recommendssome amendment s needed in t he present legal set -up f or an enhanced legalprot ect ion at par w it h t hose in ot her jurisdict ions.I commend the dedicated efforts put in by Dr. Gargi Rajvanshi, Assistant Director,ICSI in preparing the manuscript of thispublication under the guidance of Ms. SoniaBaijal, Director, Professional Development, Perspective Planning & Studies, ICSI. Iconvey my t hanks t o Mr. Nit in Satija, LexisNexis India f or vett ing t he publicat ion.I sincerely believe t hat t his book w ill be of ut most ut ilit y and int erest t o t heprof essionals and w ould act as a valuable academic aid f or t he scholars on t hesubject .Place:New DelhiDate:November 04, 2016(CS M am t a Bin an i )PresidentThe Inst it ut e of Company Secret aries of India(iii)
CONTEN TSCh ap t er – 1In t r o d u ct i o n11.1Int roduct ion11.2Cyber Crime: M eaning and Def init ion41.2.1M eaning of Crime51.2.2M eaning of Cyber Crime6Ch ap t er – 2Cl assi f i cat i o n o f Cy b er Cr i m es92.1Taxonomy of Cyber Crime92.2Classif icat ions of Cyber Crimes102.2.1.Cyber Crimes against Persons102.2.2.Crimes against Persons’Propert y142.2.3.Cybercrimes Against Government182.2.4.Cybercrimes Against Societ y at large202.3Causes of Cyber Crime212.4Impact and Ef f ect s of Cyber Crimes222.5Cyber Crime: Some Landmark Occurrence251. Of f icial Website of M aharasht ra Government Hacked252. Of f icial Webist e of IRCTC Hacked263. CBI Websit e Hacked264. ICICI- Pune Bank Fraud case275. Pune Cit ibank M phasis Call Cent er f raud286. Parliament at t ack case287. Andhra Pradesh t ax case298. Insult ing Images of Warrior Shivaji on Google - Orkut299. India's First ATM Card Fraud3010. Chennai’s Violat ion of Sof t w are Terms3211. Napst er Case32(v)
Ch ap t er – 3In f o r m at i o n Tech n o l o g y Law : A Bi rd ’s Ey e Vi ew333.1Cyber World vis-a-vis need of Legal Prot ect ion333.2Inf ormat ion Technology Act , 2000: A Beginning343.2.1Object ives of Inf ormat ion Technology Act , 2000353.3Scope of Inf ormat ion Technology Act , 2000363.4Applicabilit y of Inf ormat ion Technology Act , 2000363.5Inf ormat ion Technology Act , 2000: A Snapshot373.6Inf ormat ion Technology (Amendment ) Act, 2008393.7Recompense of Inf ormat ion Technology Law403.8Limit at ion of Inf ormat ion Technology Law41Ch ap t er – 4Leg al Pr o t ect i o n ag ai n st Cy b er Cr i m es424.1Criminal Liabilit ies under Inf ormat ion Technology Act , 2000424.2Common Cyber Crimes and Applicable Legal Provisions:A Snapshot714.3Civil Liabilit ies under Inf ormat ion Technology Act , 2000734.4Civil Liabilit y f or Corporat e:794.5Cyber Crimes under IPC and Special Law s804.5.1The Indian Penal Code, 1860804.5.2.Cyber Crimes under t he Special Act s81Ch ap t er – 5Cy b er Cr i m e: Lan d m ar k Ju d g em en t s i n In d i a82Ch ap t er – 6Cy b er Law s: Recen t Tren d s129Ch ap t er – 7Co n cl u si o n an d Reco m m en d at i o n s1407.1Cyber Law : A Need t o Ret ake1407.2Recommendat ion140En d No t es148(vi)
Chapt er 1In t r o d u ct i o n1.1In t r o d u ct i o nThe daw n of Inf ormat ion and Communicat ion Technology(‘ICT’ i n sh o r t ) h as w i t n essed an em er g en ce o f arevolut ionised t ransf ormat ion in t he f orm of advancementand development of t he civilized societ y. ICT has graduallyrep laced t h e co nven t ion al syst ems of communicat ion,aut hent icat ion and submission. Alongside, it has creat edp ace, ease, sw if t ness an d con ven ien ce in con clu din gtransactions. Thus, it may not be w rong to say that wit h suchan increasing pace of use of ICT, t he World is get t ing shrunklike a palm. This is also cont ribut ing t ow ards a const antgrowth of our society in almost all imperative sect ors. Amongot hers t hings, t he businesses t oo are going global w it h t heprospect of ease and sw if t ness rendered by t he ICT.The advancement s made by t he modern t echnology havef acilit at ed t he communit y t o develop and expand t heircommunicat ion net w orks t hus enabling f ast er and easiernet w orking along wit h inf ormation exchange. In short , t heICT has shaped a commendable plat f orm f or t he societ yenabling it t o grow by leaps and bounds.In t he w orld t oday, technology has become an essent ial partof our day to day lif e and has virt ually got imbedded int o it .Wit h t he expansion of use of t echnology in almost everysphere of human lif e, t here is virtually no room lef t f or us t ot h i n k o f a li f e w i t h o u t t h e b lessi n g s o f t ech n o lo g y.Fort uit ously, India is also advancing in t he mat t er of use ofICT and at a pace w hich is helping t o st ave of f st agnat ion.UN Int ernat ional Telecommu nicat ions Union’s f lagship1
2Cy b er Cr i m e - Law an d Pr act i ceannual measuring t he Information Society Report states thatglobally 3.2 billion people are now online, representing 43.4per cent of t he w orld’s populat ion, w hile mobile-cellularsubscriptions have reached almost 7.1 billion worldwide, withover 95 per cent of t he global population now covered by amobile-cellular signal 1.As per t he report published in The Indian Express2, India hasbeen ranked 131 out of 167 nat ions on a global index t hatmeasures t he level of Inf ormat ion and Communicat ionTechnology access, even as t he number of households w it ha comput er and internet connection has increased t o a goodext ent in t he count ry over t he last f ive years.Everyone is get t ing increasingly dependent on consist entaccess and accuracy of t hese communicat ion channels. Theint ernet users have increased signif icant ly especially in t helast 15 years. Dat a3 show s t hat presently around 40% of t heWorld Populat ion has an int ernet connect ion. In 1995how ever, it w as less t han one percent of t he present usersof internet and t oday t here are more than 3 billion int ernetusers all over t he World.As per t he report s of Int ernet World St at 4, af ter China, Indiahas t he 2nd largest number of int ernet users in t he Worldw it h more t han 1 billion users as on June 2016. The Int ernetpenetrat ion in India is 36.5% of the overall populat ion andt he grow t h t hat it has regist ered has seen a remarkablegrow t h in t he last one decade.This clearly in d icat es t h at t he imp act o f In f ormat io nTech n o l o g y i s ver y p r o f o u n d . Bo t h So ciet y an d t h eTechnology are operat ing in a w ay so as t o harmonize w it hthe pace of each other’s grow th. As the World is developing,more t echnology is emerging w it h each passing day andt hus t here is more development t aking place in t he societ y.All t he f acet s of human lif e including educat ion, healt h,ent ert ainment and communicat ion are being influenced byand have been impact ed by t he advent of t he Inf ormat ionand Communicat ion Technology.This w ay it is serving w it h several advant ages like great er
Cy b er Cr i m e - Law an d Pr act i ce3ef f iciency, increased communicat ion channels t hroughemail, d iscu ssi o n g ro u p s an d ch at ro o ms, b en ef icialmot ivat ional inf luence on learning and know ledge, egovernance and cit izens cont ribut ion, expanding globalbusiness and alike.Wit h boon comes t he bane and t hus t he World of ICT is noexcept ion t o t his rule. Along w it h abundant opport unit iest hat it has brought about , t here are also some challengest oo. Broadly speaking, it has posed cert ain major concernslike privacy threat, over riding cult ural impact , more relianceon technology, boycot t of societ al engagements, comput ervirus, malw are, spam phishing and many more. One of t hemajor challenges in this era of ICT is of an increasing numberof cyber crimes t aking place in t he World t oday.The t remendous grow t h in t he f ield of ICT coupled w it h anincreased frequency of use of int ernet for dif ferent activitieshas also given rise t o several mischievous act ivit ies t akingplace in t he f orm of Cyber Crimes. To put in a layman’slan g u ag e, Cyb er Crime is a t ech n o lo g y b ased cri mecommit t ed by t he t echnocrat s.In a recent data5 published, it is stated that “with increasingmobile and internet penet ration in the country, cyber crimeshave also increased proport ionat ely. Bet w een 2011 and2015, more t han 32000 cyber crimes w ere report ed acrosst he count ry. M ore t han 24000 of t hese cases are regist eredunder t he IT Act and t he remaining under t he varioussect ions of IPC and ot her St at e Level Legislat ions (SLL).”As per the Dat a given by t he report of Nat ional Crime ReportBureau 6, a t ot al of 7,201 cases w ere regist ered under t he ITAct during t he year 2014 as compared t o 4,356 cases duringt he previous year (2013), show ing an increase of 65.3% in2014 over 2013. 77% (5,548 cases) of t he t ot al 7,201 casesunder t he IT Act w ere comput er relat ed of f ences (undersect ion 66A, 66B, 66C, 66D and 66E of IT Act ) f ollow ed by10.5% (758 cases out of 7,201 cases) relat ed t o publicat ion/t ransmission of obscene/sexually explicit cont ent (undersect ion 67A, 67B and 67C of IT Act ).Along w it h it , t he global spam rat e, malw are rat e and
4Cy b er Cr i m e - Law an d Pr act i cephishing rat e is increasing rapidly and t here is a pot ent ialimpact of cyber crimes on t he economy, consumer t rust andproduct ion t ime. The counter measures in the form of GPRSSecurit y archit ect ure, Int rusion Det ect ion and prevent ionSyst em and Agent Based Dist ribut ed Int rusion, Det ect ionSyst ems have t hus been employed f or securit y purposes.Considering t he signif icant increase in number of CyberCrimes report ed t hese days, it becomes import ant andimperat ive t o enquire as t o meaning of t he t erm CyberCrime, t he kinds of Cyber Crimes, t heir impact s and ef f ect son t he Societ y at large, t he law /st at ut e dealing w it h cybercrimes in India and t he det errent ef f ect of law on CyberCrimes in India.Theref ore, t his manuscript deals w it h (a) t he meaning andvariant s of cyber crimes like Salami At t ack, Packet Snif f ing,Tempest At tacks, and Bot Netw orks; (b) the real w orld cybercrime cases, t heir scenario as w ell as t he modus operandiemployed f or commission of such crimes.It also f ocuses on t he legal regime on t he subject of CyberCrimes in India and it s st rong analysis leading t o t he viablerecommendat ions t ow ards t he ef f ect ive legal prot ect ionagainst t he cyber crimes in India.1.2Cy b er Cr i m e: M ean i n g an d Def i n i t i o nCrime is not per se a legal t erm. It derives it s meaning andhas a connot at ion in t he background of a societ y t han t heState as such. Thus, it defies an attempt to lay down a straightjacket def init ion wit h clearly def ined boundaries. How ever,usually it is put synonymous t o somet hing w hich is “aw rong”, “an of f ence”, “a misdemeanour” or “a f elony”.Crime is bot h a social and an economic phenomenon. It is asold and hist orical as t he human societ y it self . M any ancientbooks, right f rom t he pre-hist oric days, and myt hologicalst ories have spoken about crimes being commit t ed byindividuals; be it commit t ed against an individual likeordinary t hef t and burglary or against t he nat ion at largelike t he crimes of spying, t reason, et c.Kaut ilya’s Art hashast ra, a document w rit t en around in t he
Cy b er Cr i m e - Law an d Pr act i ce5350 BC is considered t o be one of t he most aut hent icadminist rat ive t reat ises in India w hich discusses t he variouscrimes commit t ed in t he societ y, securit y init iat ives t o bet aken by t he rulers t o curb t hem, possible crimes in a St at e,et c. It also advocat es aw arding dif f erent punishment s f ordiff erent off ences list ed t herein. Furt her, t he concept ofrest orat ion of loss t o t he vict ims has also been discussed init.In his t heory of probable crime, he has discussed as t o howw it h t he changes in societ y, diff erent crimes emerge. Toillust rat e t he w eak posit ion of w omen in t he societ y it laysdow n t hat t he crimes against w omen w ill increase in t hesociety; with the strong position of a specific sector, t he abuseof power will result in commission of crimes associat ed w it ht he power-play.Cert ainly, t he advent of Inf ormat ion and Communicat ionTechnology has lead t o t he emergence of a new kind ofcrime called t he Cyber Crime.To clearly underst and t he meaning of Cyber Crime, oneshould f irst underst and t he meaning of t he t erm Crime andt hen t he meaning of Cyber Crime.1.2.1 M ean i n g o f Cr i m eCrime in any f orm does adversely af f ect s t he members oft he societ y. According t o M er r i am Web st er Di ct i o n ar y ,Crime is an act or t he commission of an act t hat is f orbiddenor the omission of a dut y t hat is commanded by a public lawand t hat makes t he of f ender liable t o punishment by t hatlaw, especially - a gross violat ion of law.According t o Ox f ord English Dict io nary , Crime is an actionor act ivit y or omission considered t o be evil, shamef ul, orw rong; w hich const it ut es an of f ence and is punishable bylaw.Bl ack st o n e def ines Crime as an act commit t ed or omit t edin violation of a public law either f orbidding or commandingit.St ep h e n ob served , “a crime is a violat io n of a rig ht
Cy b er Cr i m e - Law an d Pr act i ce6considered in reference t o the evil t endency of such violat ionas regards t he communit y at large” .Ox f o r d Di ct i o n ar y def ines Crime as an act punishable bylaw as forbidden by statute or injurious to the public w elfare.In a layman’s language, a crime can be def ined as anunlaw f ul act punishable by a St at e or ot her aut horit y. Thet erm " crime" does not , under t he modern criminal law, hasa simple an d u niversally accept ed def init io n, t ho ug hst at u t o ry d ef init io ns h ave b een p ro vid ed f or cert ainpurposes.The most popular view is t hat Crime is a cat egory created bylaw; in ot her words, somet hing is a Crime if it is declared assuch by t he relevant and applicable law. One proposeddefinition is that a Crime or an Off ence (or criminal of fence)is an act harmful not only t o an individual or individuals butalso t o the community, society or t he Stat e at large (" a publicwrong" ). Such acts are thus forbidden and punishable by law.Theref ore, an inclusive def init ion of t he t erm Crime can bet hat it is an act or an omission w hich is prohibit ed by law.Deducing f rom t he def init ions of t he t erm ‘Crime’ above,Cyber Crime can be def ined as an act or omission prohibitedby law which is carried out either with the means of or w heret he t arget is a comput er, comput er source or comput ernet work.1.2.2 M ean i n g o f Cy b er Cr i m eIt is right ly said t hat everyt hing has a cost associat ed w it h itand so is t he case wit h growing popularity and convenienceof d ig it al net w o rk s. Th e ease, con venience and sw if tco m m u n i cat i o n p r o vi d ed b y t h e In f o r m at i o n an dCommunicat ion t echnology does also come at a cost. As theb u si n esses an d so ci et ies ar e in cr easin g l y relyin g o ncomputers and int ernet-based net working, t he cyber crimesand digit al at t ack incident s have increased many f old.These at t acks are generally classif ied as crimes t hat involvet he use of a comput er or comput er source or comput er
Cy b er Cr i m e - Law an d Pr act i ce7net w orks. The inst ances of dif f erent cyber crimes beingcommit t ed include t he f inancial scams carried out t hrought he mode of comput er, comput er hacking, dow nloadingpornographic images f rom the internet , virus att acks, e-mailst alking and creat ing w ebsit es t hat promot e racial hat red.The f irst major inst ance of a cyber crime being commit t edw as report ed in t he late 90’s, when a computer virus mailedt o t he masses af f ect ed nearly 45 million comput er usersworldwide.As in t he developed w orld, in developing economies t oo,the cyber crimes have increased manifold, owing to the rapiddif f usion of Int ernet and t he digit isat ion of economicact ivit ies. Thanks t o t he huge penet rat ion of t echnology inalmost all areas of operat ion of societ y, f rom corporat egovernance and st at e administ rat ion t o t he level of pet t yshop keepers comput erizing t heir billing syst em, w e f indcomput ers and ot her elect ronic devices pervading t hehuman lif e. The penet ration is so deep t hat we cannot thinkof operat ing w it hout being associat ed w it h comput ers.The term ‘Crime’has neither been defined in the InformationTechnology Act , 2000 nor in t he Inf ormat ion Technology(Amendment ) Act , 2008 nor in any other legislat ion in India.In f act , it is quit e dif f icult , if not impossible, t o def ine t hew ord Crime. The w ord ‘Of f ence’ has been def ined undert he Indian Penal Code, 1860 and also in quit e a f ew ot herlegislat ions t oo. In order t o def ine Cyber Crime, w e can say,it is a crime associat ed w it h or commit t ed w it h t he help ofcomput ers. To put it in simple w ords ‘an off ence or a crimein w hich a computer is used can be said t o be a cyber crime’.Int erest ingly, even a pet t y off ence like st ealing or pickpocket can be brought w it hin the broader purview of cybercrime if t he basic dat a or aid t o such an of f ence is giventhrough a computer or the information stored in a computerused (or misused) by t he off ender. The I.T. Act , 2000 doesdef in e w ords like comput er, co mput er n et w ork, dat a,inf ormat ion and all
4.5.1 The Indian Penal Code, 1860 80 4.5.2. Cyber Crimes under the Special Acts 81 Chapter – 5 Cyber Crime: Landmark Judgements in India 82 Chapter – 6 Cyber Law s: Recent Trends 129 Chapter – 7 Conclusion and Recommendations 140 7.1 Cyber Law: A Need to Retake 140 7.2 Recommendation 140 End Notes 148
cyber crime, which is the focus of this study, we develop a causal model, relating different cyber crime types to their impact on the UK economy. The model provides a simple framework to assess each type of cyber crime for its various impacts on citizens, businesses and the Government. We use the causal model to map cyber crime types to a number
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Cyber Vigilance Cyber Security Cyber Strategy Foreword Next Three fundamental drivers that drive growth and create cyber risks: Managing cyber risk to grow and protect business value The Deloitte CSF is a business-driven, threat-based approach to conducting cyber assessments based on an organization's specific business, threats, and capabilities.
Cyber crimes pose a real threat today and are rising very rapidly both in intensity and complexity with the spread of internet and smart phones. As dismal as it may sound, cyber crime is outpacing cyber security. About 80 percent of cyber attacks are related to cyber crimes. More importantly, cyber crimes have
AQA A LEVEL SOCIOLOGY BOOK TWO Topic 1 Functionalist, strain and subcultural theories 1 Topic 2 Interactionism and labelling theory 11 Topic 3 Class, power and crime 20 Topic 4 Realist theories of crime 31 Topic 5 Gender, crime and justice 39 Topic 6 Ethnicity, crime and justice 50 Topic 7 Crime and the media 59 Topic 8 Globalisation, green crime, human rights & state crime 70
Crime Scene is the area where the original crime occurred. The Secondary Crime Scene comprises of the subsequent crime scenes. The Size of the crime scene can further be classified as Macroscopic and Microscopic. While Microscopic focuses on specific type of physical evidence at the crime scene, Macroscopic refers to one particular crime .
the Ethics of Artificial Intelligence, the findings and recommendations of the Dialogue will provide the stakeholders with the opportunity to reflect on how best to integrate gender equality considerations into such global normative frameworks. This report is the result of teamwork. First, I am grateful to the experts and leaders in the field of AI for taking the time to either talk to me via .
