Types of Cyber Crime and Strategies for Prevention

Types of Cyber Crime and Strategies for Pr flattionCrimes In cyber Age And Its solution By Indian JudiciaryTable of abbrevaitionsAIR either in all India reporterAP Andhra PradeshArt. ArticleBom. Bombayed. EditionLtd. Limited.P. page totPat. PatnaSCC self-g all overning Court CasesSCR Supreme Court ReporterSec. armCrimes In cyber Age And Its Response By Indian JudiciaryIntroductionThe advent of the triplet millennium has brought in an era of in ground levelation society. The new era is the result of rapid changes brought astir(predicate) by the new technology and the cyber world. Obviously the training society hug drugs extensive scope and opportunities to human bes to describe education, to evaluate entropy, and to exchange information for the benefits of the citizens the world over. The in formation technology provides for a new environment, new wreak culture, new business links and trading net lops. It allows information and k designateledge establish w ork to be located anywhere. It is virtually transforming and revolutionizing the world.The information technology is a double-edged sword, consistently presenting us with benefits and disadvantages. The increasing opportunities for productivities, strength and worldwide communications brought additional implementrs in droves1. Today, the mesh is a utility, analogous to the electric federation and .com has become a ho use uphold expression. The reli force and availability of the lucre be critical operational considerations. Activities that threaten these attributes like spamming, spoofing, etc, rich psyche grave encounters on its user community. Any il licit act, for which k immediatelyledge of computer technology is indwelling for its perpetration, investigation, or prosecution, is kn take as cyber shame.Among the versatile problems emerging out of the meshing argon the adventure of hackers, cyber terrorism, spamming, Trojan horse attacks, denial of table servic e attacks, pornography, cyber bland hunt etc.Through this piece the re attempter impart try to study the problem of cyber stem, cyber defamation, various character references of selective information theft and the rightfulnesss relating to it. An effort entrust likewise be make to recommend some suggestions to fight these dangerous problems, with the repartee of Indian judiciary to it.Cyber stakingCyber chaff, has been specify as the use of electronic communication including, pagers, cell ph singles, emails and the meshwork, to bully, threaten, harass, and intimidate a victim. Moreover, it sens alike be defined as nonhing less than emotional terrorism.2Cyber shuck fuel allow in many forms. However, Ellison (1999) suggests, cyber walk abide be classified by the type of electronic communication used to stalk the victim and the extent to which the communication is private or existence. Ellison (1999) has classified cyber stem as every film or indirect. For ca use, direct cyber walk embroils the use of pagers, cell ph aces and the email to hurl meanings of hate, obscenities and threats, to intimidate a victim. Direct cyber still hunt has been reported to be the al nigh common form of cyber stalking with a close resemblance to offline stalking (Wallace, 2000).Why people do it?Generally, to be defined as stalking the behaviour must(prenominal) be unwanted and intrusive. A nonher great capitulum is that the fink must in any case overhear an intense preoccupation with the victim. The shed of behaviour involved in stalking tidy sum be in general meetinged in iii categories.Firstly, in that respect is following, which includes frequenting workplaces and alkalis, maintaining surveillance, and engineering coincidences.Secondly, thither is communicatingby phone, letters, cards, graffiti, gifts, and, Increasingly, electronic mail and the net income (cyber stalking).Often the stalker will order goods and services on the victims behalf.Finally comes aggression or violence, in which stalkers threaten their victims, harass their families, damage their property, lay down false accusations just about them, and set about sexual or physical injury.Sexual attractions and motives be other very(prenominal) important reasons for cyberstalking. In USA, the federal law enforcement agencies pass on encountered numerous instances in which adult paedophiles spend a penny made contact with minors done online lambaste rooms, established a relationship with the child, and later made contact for the consumption of engaging in criminal sexual activities.3Nature of cyber stakingThe temper of cyber stalking is ascertains by the medium which is used for its execution.According to cyber stalking had been classified into quatern kinds4a) E-mail stalkingb) Chat stalkingc) Bulletin board dodgingsd) figurer stalking. tele excrete stalkingElectronic mail is an electronic postal service that allows individuals to locat e and receives information in function of seconds. This sophisticated use of knell lines allows communication amongst two people who whitethorn or may non know each other but can declaim to each other using a computer. In general Email is an insecure method of transmitting information or inwardnesss. Everyone who receives an email from a individual has access to that somebodys email id. With some online services as AOL, a persons screen bod is also an email continue. In addition, when a person posts an item on a newsgroup, that pesons email id may be functional to anyone who reads that item. It is unsurprising, then, that email is a favoured medium for cyber stalkers.Technologi rallyy sophisticated email harassers send mail bombs, filling a persons inbox with hundreds or even thousands of unwanted mails in the hope of fashioning the mark useless. Others send electronic viruses that can taint the victims files.5Chat stalkingA rebuke room is a connection provided by onlin e services and accessible on the internet that allows people to communicate in real time via computer text and modem. Cyber stalkers can use chat rooms to slander and endanger their victims. In much(prenominal) cases the Cyber stalking takes on a public rather than a private dimension. As live chat has become much popular amongst users of the internet with tools such as internet relay chat (IRC), it has also become more popular as a medium through which stalkers can identify and pursue their prey.When a person enters a chat room, his screen name joins the list of names of others in the group. Depending on the nature of the chat softwargon, that person can address others in the room and vise versa as a part of the group discussing from a smaller group in a private chat room or send private, one to one instant messages to others anytime.6 During chat, participants type instant messages directly to the computer screens of other participants.When a person posts a message to a public news group this is available for anyone to view copy and store. In addition, a persons name, email address and information about the service provider are easily available for inspection as a part of the message itself. Thus, on the internet, public messages can be accessed by anyone anytime- even age after the message were originally written. In IRC, the harasser may chose to interrupt a persons chat electronically or otherwise steer a chat system, making it impossible for someone to carry on a conversation with anyone else. The Cyberstalker can engage in live chat curse or contumely of the victim( otherwise cognize as flaming) or he/she may forswear improper message o the message board or in chat rooms for or about the victim.Bulletin board systemsA bare board system (BBS) is a local computer that can be called directly with a modem7. Usually they are privately operated and offer various services depending on the owner and the users. A bulletin board allows leaving messages in group forums to be read at a later time. Often a BBS is not connected to a network of other computers, but increasingly BBSs are offering internet access and co Cyber stalkers area using bulletin boards to harass their victims.8Online have been cognize to known to post insulting messages on electronic bulletin boards signed with email addresses of the person being harassed. The Cyber stalker can also post statements about the victims or start rumours which spread through the BBS. In addition a Cyber stalker can dupe another internet users into harassing or threatening a victim by posting a controversial or enticing message on the board down the stairs the name , phone numbers or email address of the victim, resulting in subsequent chemical reactions being sent to the victim.9Computer stalkingWith computer stalking, cyber stalker exploits the internet and the windows operating system in order to assume promise over the computer of the targeted victim. An individual windows b ase computer connected to the internet can be identified, allowing the online stalker to exercise get wind over the computer of the victim. A cyber stalker can communicate directly with his or her target as soon as the target computer connects to the internet. The stalker can also assume control over the victims computer and the besides vindicatory option for the victim is to disconnect and relinquish his or her current internet address.10An example of this kind of cyber stalking was the case of a woman who trustworthy a message stating Im going to get you. The cyber stalker then open up the womans CD-ROM drive in order to prove that he had control over her computer.cyberstalking trends and statistics offendersPrevious studies that have investigated stalking offenders by and large, have focus on the offline stalking offenderRegardless for the offenders group such as simple, love or erotomanic statistics reports, male offenders to account for the majority of offline stalking o ffenders. running(a) to Halt Online Abuse (2000) statistics also raise the gender ratio of offenders claiming, 68% of online harassers/cyber stalkers are male.Furthermore, common complaisant and mental doers have been pitch at heart offline stalking offender population. For example, social concomitantors such as the diversity in socio-economic backgrounds and either under involvement or unemployment have been institute significant factors in offline stalking offenders11.In a research done on young stalkers between 9 and 18 years of age little difference was imbed between young and adult offline stalking offenders. For example, the majority of offenders were male, had some form of preceding(prenominal) relationship with the victim and experienced social isolation.12VictimsCurrently, there are limited studies on the victims of cyber stalking. Although, anyone has the potential to become a victim of offline stalking or cyber stalking, several factors can increase the statist ical likelihood of fitting a victim. Studies13 that have investigated offenders of offline stalking, have found some common factors indoors the selection of victims. For example, contrary to public belief, a large proportion of stalking victims are regular people rather than the rich and famous.Goode claimed14, up to 80% of offline stalking victims are from average socio-economic backgrounds. In addition, the statistical likelihood of turn a victim increases with gender.Working to Halt Online Abuse (2000) reports, 87% of online harassment/cyber stalking victims are female. However, victim gender statistics may not illustrate true victims, as females are more likely to report being a victim of online harassment/cyber stalking than males.Although studies have shown that the majority of victims are female of average socio-economic status, studies have also shown that offline stalking is in general a crime against young people, with some victims between the age of 18 and 29.15 st ill hunt as a crime against young people may account for the high prevalence of cyber stalking victims at heart universities. For example, the University of Cincinnati study showed, 25% of college women had been cyber stalked.16.Nevertheless, previous relationships have been shown to increase the likelihood of being stalked offline. For example, it was reported, 65% offline victims had a previous relationship with the stalker17. Although studies of offline stalking claim the majority of victims have had a previous relationship with the stalkerWorking to Halt Online Abuse Statistics18 fails to support a previous relationship as a significant assay factor, for online harassment/cyber stalking. For example, 53% of victims had no prior relationship with the offender. Therefore, the risk factor of a prior relationship with the stalker may not be as an important factor in cyber stalking, as it is in offline stalking. mental effectuate of cyberstalkingCurrently, there are few studies o n the psychological impact on victims. However, Westrup19studied the psychological effects of 232 female offline stalking victims. He found out that the majority of victims had symptoms of PTSD, depression, anxiety and experienced panic attacks.Additionally, it was found that 20% of victims increased alcohol consumption and 74% of victims suffered sleep disturbances20. Nevertheless, social and psychological effects of offline stalking cannot be separated as social effects can impact on psychological effects and psychological effects can impact on the social effects. Although the majority of studies have cogitate on the offline stalking victims, there is no evidence to suggest that cyber stalking is any less of an experience than offline stalking (Minister for Justice and Customs, 2000), As shown, there are many common themes between offline stalking and cyber stalking.For example, offenders are most likely to be male and offline stalking or cyber stalking is the response to a fail ed (offline/online) relationship. Additionally, young females account for the majority of victims. Furthermore, victims experience significant social and psychological effects from offline stalking or cyber stalking.21Legal responses to cyberstalkingCyber stalking is are a relatively new phenomenon and many countries are moreover now beginning to address the problem. India has also witnessed cases of cyber stalking, cyber harassment and cyber defamation. However, as there is no specific law or provision under the IT Act, a number of these cases are either not registered or are registered under the animated provisions of Indian Penal Codewhich are ineffective and do not cover the said cyber crimes.22Since its promulgation, the IT Act 2000 has undergone some changes. One wide-ranging change is the recognition of electronic documents as evidence in a court of law. Market players believe this will go a large way in giving encouragement to electronic fund transfers and promoting elec tronic commerce in the country.However, all hope is not lost as the cyber crime cell is conducting training programmes for its forces. It also has plans to organize special courses for incorporated to flake cyber crime and use the IT Act effectively.Cyber defamationDefamation can be understood as the intentional infringement of another persons right to his good name. It is the revileful and intentional publication of words or mien concerning another person, which has the effect of injuring that persons status, good name, or reputation in society. It is not defamatory to make a critical statement that does not have a tendency to cause damage, even if the statement turns out to be untrue23. In this case a claim for malicious falsehood24 may be raised.Another key feature of the meshing is that users do not have to reveal their identity in order to send e-mail or post messages on bulletin boards. Users are able to communicate and make such postings anonymously or under assumed na mes. This feature, coupled with the ability to access the internet in privacy and seclusion of ones own home or office and the interactive, responsive nature of communications on the Internet, has resulted in users being remote less inhibited about the contents of their messages resulting in cyber space becoming excessively prone to defamation.What is defamatory?As to what is defamatory Permiter v. Coupland25 and Youssoupoff v. Metro Goldwyn Mayer Pictures Ltd26 lay down that it is a publication without justification or lawful excuse, which is calculated to (meaning likely to) injure the reputation of another by exposing him to hatred, contempt, or ridicule27 and make the claimant shunned and avoided. Then in Sim v. Stretch28 the definition was widened to include the test whether the words tend to lower the plaintiff in the melodic theme of the right-thinking members of society in general.A persons good name can only be damaged if maligning statements are made to someone other tha n that person that is, the defamatory statement must be queerd to a third person, thereby satisfying the requirement of publication. Thus the law of defamation places a heavy burden on the defendant. All that a plaintiff has to prove, in a defamation action, is the publication of defamatory matter. The onus then lies on the defendant to prove innocence.In essence, the law on defamation attempts to compose a workable balance between two equally important human rights The right to an unimpaired reputation and the right to freedom of expression. In a cyber society, two these interests are increasingly important. Protection of reputation is arguably even more important in a highly scientific society, since one may not even encounter an individual or organization other than through the medium of the Internet.JurisdictionIt is a fact that the tried and true real world legal principles do not apply in the digital generation. Even seemingly ubiquitous, time honoured principles must be e xamined, including whether a court has the power to exercise jurisdiction over a defendant because of the defendants ties to or use of the Internet or Internet related technologies. This jurisdictional rethinking requires us to address the concept that involves the right of the independent to exert its power and control over people or entities that use the InternetOne of the complexities of the Internet is the fact that Internet communications are very dissimilar than telephone communications. The telephone communication system is based on circuit-switching technology, where a dedicated line is allocated for transmission of the entire message between the parties to the communication. A dedicated line, on the other hand, does not secure Internet communications. A message sent from an Internet user in India may travel via one or more other countries to begin with reaching a recipient who is also sitting at a computer in India. Therefore, the lack of a physically tangible localis ation and the reality that any Internet communication may travel through multiple jurisdictions creates a variety of complex jurisdictional problems29.Position in indiaCases of cyber defamation do not fit neatly in the current categories of crimes. They represent harm of greater magnitude than the traditional crimes and of a nature different from them. Unlike the traditional crimes, they are not in the framing of positive aggressions or invasions30. They may not result in direct or immediate injury nevertheless, they create a danger, which the law must seek to minimize. Hence, if polity applicable to such offences, as a matter of policy, departs from legislation applicable to ordinary crimes, in respect of the traditional requirements as to mens rea and the other substantive matters, as well as on points of procedure, the red ink would be justified31An effort is still wanted to formulate an worldwide law on the use of Internet to curb this imminent danger of cyber crimes and to strike a crime free cyber space. Defamation laws should be sufficiently supple to apply to all media.The difficulty is that the defamation laws world over were in the main framed at a time when most defamatory publications were either spoken or the product of unsophisticated printing.We do need a stronger legal enforcement governance in India to combat the increasing cyber crimes or in other words, efficacy in dispensation of justice will be subservient in curtailing such activities.The position in Indian law is not very clear and amendments should be brought to Section 67 of the selective information applied science Act, 200032 and also to Section 499 of the Indian Penal Code33, by expressly down within their ambit offences such as defamation in cyber space, which is sure as shooting a socio-economic offence.Internet Banking FraudThe concept of internet banking was introduced to facilitate the depositors to have access to their financial undertakings globally. But every g ood thing has its own demerits the introduction of this system was coupled by a number of dupery incidents in which the notes of depositors was embezzled by the net swindlers popularly known as hackers.34Digital ExtortionFor any company doing business on the Internet, its the move of doom a computer voice warning of an inbound attack. identify it a cyber-shakedown A hacker threatens to shut down a companys meshing page, unless the business pays up.35Digital Extortion can be defined as, Illegally shrewd through the system of an enterprise and then compelling it to pay substantive amounts in lieu of their secret info or to save their system from being wiped out by the hackers.In a recent incident, warranter researchers at Websense were trying to learn why a clients files were scrambled when they found a note demanding $200 for the electronic key to the files. The currency was to be sent to an online payment service. The selective information was recovered without paying the ransom, but experts are worried that more sophisticated attacks could be more serious.36Credit computer menu FraudsCredit Card popularly known as plastic money has came up as a panacea for the troubles of carrying huge amount of money in the pocket. The conviction card embodies two essential aspects of the basic banking functions the transmission of payments and the granting of credit. But again the usage of this technology has brought in new forms of crimes with the fraudsters employing but new technologies to manipulate this technology for their illegal economic gains because unlike paper money, it was not anonymous and the usage of credit card can be traced.The Indian Legal Response to Data Theft Related Cyber CrimesIn the past few years, India has emerged as a leader in information technology. Also, there has been an explosion of the BPO industry in India, an industry which is based primarily on IT37, an industry where there is a huge risk of data theft since the business pr imarily is based on huge amounts of susceptible data of the customers. The numbers of computer literates have also grown at a rapid pace. The prices of computers and other peripherals have slashed drastically. Dial-up and Broadband connections, both are found and are easily accessed at cheap rates. All this has resulted in making the middle-class in India computer literate as well. Hence, as a result of all these developments, the Indian Parliament enacted the Information Technology Act, 2000. The researchers will discuss some of the remedies provided for in brief and has also provided certain suggestions as to where the act can be amended.1) Penalty for meddling with Computer FilesAs discussed already, Industrial espionage may also include tampering with the computer files to slow down the system or corrupt databases. Section 65 of the Act defines this sort of offence and prescribes an imprisonment of 3 years or fine extending to two lakh rupees.2) Penalty for HackingThis also re lates to data theft and industrial espionage. Hacking is where a person hacks into a computer vision and in any way destroys, deletes or alters any information is to be punished with an imprisonment of up to three years or a fine extending up to two lakh rupees. For this the requirement of mens rea, i.e. metal part is required.3) Penalty for Damage of Computer, Computer System, etc.This is the section which can be said to deal directly with data spying. Section 43 says that whosoever without the allowance of the owner accesses any computer ,downloads, copies or extracts any data, computer data base or such information is liable to pay requital not exceeding rupees one crore. It takes care of all the possibilities arising out of such situations. In this case the condition of mens rea is not required, i.e. this section imposes a stern liability on every unauthorized access.4) Penalty for breach of Confidentiality and privatenessNow, this section seeks to bring to the book people who secure access to any electronic record etc. and without the consent of the person concerned disclose the information to a third party.Shortcomings of the Act* No steps to combat Internet Piracy- There is absolutely no legislation to combat the menace of piracy which has India firmly in its iron grip .As discussed by the researchers to a higher place India is one of the countries where there is rampant violation of right of first publications. Pirates sell copyrighted satisfying openly, on the streets, yet nothing can be done about it.* Power of Police To Search Limited to Public Places-Police officers can search public places and arrest any person having committed a cyber crime but it is seldom that such crime takes place in the open. Hence, the jurisprudence have been limited in its powers by the act.* Issue of Privacy and Surveillance-There is no legislation that protects the citizens from having their physical features being examined and the details stored without their co nsent. When biometric systems gain currency in India the old argument of Privacy v. Security will have to be waged as it has been waged in the US.As we have seen, there are various aspects of data theft, not only the conventional one, though that remains one of the most well-known ways of data-theft, i.e. data spying .In todays world there is no one way of defining data. Data can still be in the form of a spreadsheet and also you can call information about a person including his physical features, which if they fall into the wrong hands can cause identity theft and can be used in various other ways to commit crime.The companies should monitor lizard their employees, before hiring their employees and after hiring them. Employees should be given incentives and good salaries so that they stretch forth the temptation to give away information to rival companies. Since it is a bourgeois system, competition will always remain, and companies will sink to unsportsmanlike competition. Hen ce, unfair practices will always exist, and to minimize those companies should take all precautions necessary.As far as the laws concerning internet piracies go, not only in India, but the entire world needs better and more stringent laws that protect the copyright of intellectual property and stop the rampant copyright violation that has engulfed the unit world. Copyright laws need to be strengthened or else creativity will suffer since the artistes or investors will have no incentive. The music, film and publishing industry have all suffered heavily, to the tune of billions.India, also, needs more legislation, and most importantly of all, it needs to find ways to implement the existing laws, for example giving the police powers to search private places in case of perplexity of cyber crime. The definition of hacking needs to be modified and narrowed, since in the existing legislation the definition includes too many unnecessary acts.A lot of work regarding the use of biometric te chnology has to be done. The problem which the US face now (as has been discussed above) is the problem which is going to arise now, in India. Though biometric technology is definitely the way to go in view of the increased risk of terrorist attacks all around the globe, but there are serious issues of, not only violation of privacy, but also that of data theft, not only by criminals, but by the state itselfChallenges of information technology to existing legal regimeThe impact of Internet on the existing legal regime can be well appreciated by the fact that the US Congress had introduced more than 50 bills pertaining to Internet and e- commerce, in the first three months of 1999 alone.38 The issues, which need to be addressed urgently, are security of transactions, privacy, property, protection of children against an simple access to inappropriate content, jurisdiction, and validity of contracts, Procedural rules of evidence and other innkeeper of issues.Constitutional issuesThe issues raised by the advent of the Internet relevant to the constitutive(a) lawyers are freedom of speech and privacy. The questions regarding the freedom of speech, which need to be answered, are1. Is publication, of information on the Internet equivalent to the speech and expression made by an ascertained person in real space within the political boundaries?2. If it amounts to speech and expression should it be then regulated?3. If it is to be regulated, should it enjoy the freedom available to press and thus subject to restrictions of term 19(2) or be treated as broadcast media, which is subject to political regulations?4. Should we consider Internet a different media unparallel with the traditionally known and have to come up with different legal regime?In the developed world, a record bank is created in which individuals record see to it is stored. This record jut is based on the information collected from different cites pertaining to an individual who remains unaware o f the method, process and sources of record image39.This record image has far reaching implications for an individual who may apply for insurance, medical care, credit and employment benefits.40 The government also maintains electronic files, which contain sensitive information. This information is shared among the government agencies, private organisations and between the government and private sector, which in fact is facilitated by the technology itself. There is a possibility that the data collected from different sources to prepare a profile is outdated, inaccurate or out rightly false. Translating information to make it computer readable hike compounds the problem. This increases the possibility of inaccuracies. Thus the objection is not that the information has been collected with the acquaintance of the concerned person, but the objection lies in the fact that an inaccurate information has been collected which will be repeatedly used to evaluate character, reputation, empl oyment chances and credit worthiness of an individual who was not given chance to go through the information before it is finally stored, nor does he know the source where from the information has been collected.The Supreme Court of India has found article 21 elastic enough to encompass right to privacy within its fold. In Peoples Union for polite Liberties v. Union of India41 the apex court held the right to privacy a fundamental right. The apex court reminded that this right has its genesis in international instruments more particularly in articles 1742and 1243 of the international Covenant on Civil and Political Rights, 1948, respectively to which India is a signatory and has to respect these instruments as they in no way infringe the domestic laws.44There are no two opinions about the fact that the Internet is going to be on central stage in future where an individual cannot be even in a take it or leave it situation. Its pervasiveness, speed and efficiency will provide littl e scope t