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The Legal Journal On Technology

THE SPACE OF CYBER CRIME




Introduction

Digital India is a parasol program to provide efficient service to all citizens. This era of cybercrime has proved a challenge for governments all around the world. This challenge is made strenuous by the inchoative and diffusive nature of the threats and the inability to mount an adequate retaliation in the absence of palpable perpetrators. The need for cybersecurity is growing day by day. Cyber Security is a complex issue that cuts down across multiple domains and calls for multi-dimensional, multilayered initiatives, and responses. The swiftness in the development of Information Technology and the relative ease with which applications can be commercialized has constantly seen the use of cyberspace expand dramatically in its brief existence. We are dependent on the internet these days, be it shopping online, e-banking, social media accounts, and mediums for communication, studying online, and also ordering food online. Being so focused on our online functioning, we ignore the various threats and dangers it comes with.

What is Cyber Crime?

The use of computers or other digital mediums as a gizmo to do illegal activities is known as cybercrime. Cybercrime incorporates illegal activities like viruses and malware that are used to alter the computer behavior, phishing, utilizing ensnare emails and websites just to trick the users, cyberstalking, network attacks, cyber hijacking, cyber terrorism, pornography and so on. The crime is not only fixated with monetary offenses but also transmits viruses on other computers to destroy and corrupt the data. Cybercrime has vast space, it ranges from downloading pirated movies and software from the internet or using content which is plagiarized for research papers to purloining money through the mode of online banking and payment systems.


Various Types of Cybercrime


The major types of cybercrime are as follows:

  • Hacking – The unauthorized access to anyone’s personal information, which is stored in a computer or other electronic medium without permission for illegal gains is termed as hacking.

  • Phishing – The process of extracting confidential information such as credit/debit card numbers and secured passwords by representing as an established company.

  • Cyber Defamation – When a computer is used as a tool to publish defamatory information about someone, on any websites, or by sending emails.

  • Pornography – The circulation of obscene material in order to cause sexual excitement. The crimes related to children by distributing pornographic content to them in order to corrupt their young mind refers to Child Pornography.

  • Cyber Stalking – When a Cyber Criminal virtually follows someone and invades their online privacy to gather information about the person being stalked and further uses it to harass the individual.

  • Cyber Terrorism – The illegal use of Cyber Space in order to cause bodily harm or loss of life or achieve some political gain.


The Impact of Cyber Crime


The enormous rise in untraceable forms of cybercrime has the digital interfaced crime more prevalent. India holds the second position in terms of internet users, behind China only. India has over 560 million users of the Internet[1]. There will be an estimated growth of 650 million users in the country by the end of the year 2023. A survey by Norton Cybercrime published in 2011 stated that during the period of 2010, the victims of cybercrime in the United States were over 74 million. In India, the trend of cashless transactions has led to increased chances of being duped online[2]. In the year 2017, the Indian consumers had a total loss of around 18 billion dollars with the inception of cybercrimes[3]. The next year observed a remarkable growth of 27 thousand cases being reported in the country, which made an increment of 121% as compared to the year 2016[4]. There were around 700 cases of cyberbullying and sexual harassment against women and minors[5]. The case of sexual harassment of women was observed in the case of the State of Tamil Nadu V. SuhasKatti[6], the first case convicted under section 67 of the Information Technology Act, 2000 in India. The issuance of Aadhaar card in 2010, which is supposed to be India’s unique citizen identification system, had a security breach in the year 2018[7]. It involved the compromising of extensively confidential information of more than a billion Indians in the form of residential addresses and biometrics[8]. The most targeted crimes are in the field of Banking and Finance, leading to financial losses to individuals and companies, followed by online harassment and scams. In the case of Air force Bal Bharti School, there was the first child pornography case charge-sheeted in a Juvenile court[9]. The use of a laptop to organize terrorist attacks has been observed in the case of Parliament Attack[10], wherein the emblems and seals of the Indian Government were forged and put on the vehicle for entry inside the Parliament.


The Prevention of Cybercrime

The phenomenal growth of Cybercrime has made it a necessity to safeguard our lives and information, both offline as well as online. Countering cybercrimes is only possible through the mode of strict cyber laws. Though, there are provisions related to cyber laws already in some of the Indian Statutes. The survey of Information Technology security in the year 2019 showed that there were two prime challenges faced by Information Technology professionals which were email security and the training of employees[11]. The usage of firewalls and other security software is an add-on while making the employee immune to cybercrime response is the main concern[12].

The impetus of cybersecurity is to create a spruce sense of shared responsibility among everyone to stay safe from cyber-attacks. The citizens should be smart enough to use safe and secure online transaction platforms and apps. The situation demands an establishment of multi-dimensional public-private alliances linking to law enforcement agencies, the Information Technology sector, the various Internet companies, and also financial institutions[13]. The traditional methods of curbing crime cannot be implemented as the cybercriminals do not whine for supremacy but only polish their skills by working together[14]. The consumers rapidly allow technology into their personal lives, and this technology stores saves and builds on troves of confidential data. There has been an addition of new security measures all the time to keep pace with the intensity of crimes being committed.

Even after the implementation of the Information Technology Act[15], the cases have been increasing rapidly. The act addresses the important issues of security, which are critical to the success of electronic transactions. The cyber law also gives authority to the companies or organizations to file any form, application or any other document with any office, authority, body or agency owned or controlled by the suitable Government in e-form by means of such e-form as may be prescribed by the suitable Government. The amendment brought in the Indian Penal Code[16], with respect to crimes such as fraud, forgery, theft through an electronic medium has been specified[17].

It has been observed that most cybercrimes in India were unreported due to the lack of awareness of digital hygiene. The complaint can be filed at the cybercrime cell of either of the city where it had happened or where the affected device was located. The Indian government in the year 2018 pioneered the National Cybercrime Reporting Portal[18] for citizens wherein the report could be filed online[19]. The infrastructure to curb the crime will require time and resources. The cyber cells are being nourished with the onset of training of police officials and government employees and creating public awareness simultaneously.

India has taken many measures to stop the growth of cybercrime but the crime isn’t static, hence the laws should also be updated in order to counter-attack. The users must learn to protect themselves as well and ponder on the following guidelines as Prevention is always better than cure:

  • The need to use strong and distinctive passwords, combining different upper- and lower- case letters along with digits and special characters

  • An antivirus should be used to avoid anonymous viruses from attacking the device.

  • Regular checks over social media accounts and avoiding the sharing of confidential data to everyone.

  • A VPN could be very beneficial to maintain a strong and secure network.

  • Parents should watch over the websites their children are visiting frequently.

  • The spam calls, emails, and messages should not be responded to and blocked immediately.

  • The online payments should be done only on recognized websites.

  • Always check the review of customers before downloading or installing any application.

We should be cautious, proactive, and informed. Cyber hygiene awareness must be spread in the community to make every person safe in cyberspace.

_______________________________________________________________________________

[1]SandhyaKeelery, Internet Usage in India, stats and facts, ( July 7th, 2020 ), https://www.statista.com/topics/2157/internet-usage-in-india/ [2]RakeshPariyani, On-line-Crimes, and their Impacts: A Review, http://docs.manupatra.in/newsline/articles/Upload/779E337A-DDF8-41AE-ACA4-89F3CB746F2D.pdf [3]SandhyaKeelery, Cybercrime in India – statistics and facts, ( July 15th, 2020 ), https://www.statista.com/topics/5054/cyber-crime-in-india/ [4] Ibid [5] Ibid [6]Decided by the Chief Metropolitan Magistrate, Egmore, on November 5, 2004. [7] Our Bureau , 1 bn records compromised in Aadhaar Breach since January, ( Oct 15th, 2018 ), https://www.thehindubusinessline.com/news/1-bn-records-compromised-in-aadhaar-breach-since-january-gemalto/article25224758.ece [8] Ibid [9] The Air Force Bal Bharti School, Delhi Cyber Pornography Case, 2001 [10]State V Mohd.Afjal Delhi 1, 107 (2003) DLT 385 2003 (71) DRJ 178, 2003 (3) JCC 1669 [11] Ramesh Ramachandran, The Importance of Training: Cybersecurity Awareness as a Human Firewall,(Oct 15th, 2019), https://www.entrepreneur.com/article/340838 [12] Ibid [13] Swati Shalini, How to Prevent Cybercrime in India? , ( Sept 12th, 2019), https://www.myadvo.in/blog/cyber-crime-in-india/ [14] Ibid [15] Information Technology Act, 2000 [16] Indian Penal Code, 1860 [17] Ibid [18] National Cybercrime Reporting Portal, https://cybercrime.gov.in/ [19] Ibid

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promitaghosh90
Jul 27, 2020

Amazing work

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sonalisinha507
Jul 27, 2020

Well done

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yash.agrawal720
Jul 26, 2020

Kudos to your dedication. Keep up the good work !

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rajeshwariishu42
Jul 26, 2020

Well written.

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gauravaniket30
Jul 25, 2020

Every aspect is perfectly explained. Good work!

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