1. Cyber Crimes: The biggest
threat in the digital age.
Presented by:
Atul S. Jaybhaye
Assistant Professor (Law)
Hidayatullah National Law University, Raipur
B.A.LL.M.NET
2. What is Cyber Law?
A law which relates to computer, Internet and cyberspace
related issues.
It is also called as Information Technology Law/Internet Law.
Cyber Law In India – The Information Technology Act, 2000.
Cyberspace has no any geographic boundaries.
3. Need for Cyber Law:
Prevention of cyber crimes.
To recognize Electronic and Digital signature.
To promote E-commerce and E-governance.
To protect Intellectual Property in cyberspace.
Data protection and privacy.
4. What is cyber crime?
Cyber crime is a crime where computer is used as a target
or tool to commit a crime.
Cyber crime is a crime where ‘computer resource’ is
involved.
Difference between cyber crimes and traditional crimes.
Difference between cyber crimes and cyber torts.
6. Phishing:
Phishing:
Phishing is a method of trying to gather personal
information using deceptive e-mails and websites.
Vishing:
When you receive fake calls over mobile phone, landline
to gain access to your confidential information. (Jamtara
scam)
Smishing:
Just like phishing, smishing uses cell phone text messages
to lure consumers in.
7. ATM Skimming fraud:
ATM skimming is a theft of card
information, where a small device,
known as a skimmer, is used to steal
the information during a
legitimate ATM transaction.
8. Hacking:
Unauthorized access to computer system with the
intention of stealing information, causing damage,
wrongful loss to individual/entity/govt.
Punishable under Sec. 66 of IT Act, i.e. Computer related
offences.
Difference between ethical and unethical hacking.
Types of Hackers- white hat, black hat hackers.
9. Violation of privacy:
Whoever, intentionally or knowingly,
captures,
publishes or transmits,
the image of a private area of any person without his or
her consent, under circumstances violating the privacy of
that person,
Commits offence under Sec. 66-E of IT Act.
10. Cyber stalking:
“ Any man who:-
I. follows a woman and contacts, or attempts to contact
such woman to foster personal interaction repeatedly
despite a clear indication of disinterest by such woman;
or
II. monitors the use by a woman of the internet, email or
any other form of electronic communication commits the
offence of stalking”
Punishable under Sec. 354-D of IPC,1860.
11. Cyber defamation:
The term ‘Cyber Defamation’ basically means publishing of
false statement about an individual in cyberspace that can
injure or harm the reputation of that individual.
Punishable under section 500 of IPC, 1860.
Initially, cyber defamation, hate speech was punishable under
Sec. 66-A of IT Act, 2000.
However, Sec.66-A has been struck down now.
12. Child pornography:
Acts prohibited under Sec. 67- B of the IT Act:
Depicting children in sexually explicit act/conduct,
Publishing or transmitting,
browsing or downloading ,
Inducing children to online relationship, or
Facilitates abusing children online.
13. Identity theft:
Whoever, fraudulently or dishonestly make use of the
electronic signature, password or any other unique
identification feature of any other person, commits the
offence of Identity theft.
Punishable under Sec. 66-C of IT Act, 2000.
14. Other cyber crimes at a glance:
Spamming.
Denial of Service attack (DOS).
Tampering with computer source documents.
Dishonestly receiving stolen computer
resource/communication device.
Cyber terrorism.
Obscenity.
Cheating by personation.
Computer vandalism etc.
15. Investigation of a cyber crime:
Investigation to be conducted by a police officer not below the rank of
Inspector. (Sec.78 IT Act, 2000.)
Admissibility of E-records/ Digital evidence in a court of law. Sec. 65-B
Indian Evidence Act,1872.
Digital Evidence in cyber crimes: CPU, Computer/lap top, Mobile
phone, CCTV footage, scanner, color printer, Hard disk, CD, DVD,
Modem, pen drive or any other e-record and communication device.
Role of Cyber cell, CERT and Cyber Forensic Experts.
Challenges involved: Issues of jurisdiction in cyberspace, Lack of
skilled investigators in cyber crimes, production of digital evidence in
court etc.
16. Do’s and don'ts:
Never handover your ATM card for swapping to others. Do
it yourself.
Use 2 step verification method to sign in e-mails.
Skimmers are usually used for ATM card frauds. Before
inserting ATM card check machine minutely.
Be cautious at hotels, petrol pumps while making online
transactions.
Report all cyber crimes on cybercrime.gov.in
Always browse through https sites and not http.
17. Do’s and don'ts:
Always reach to banking sites through address bar and not from
Google.
Keep changing your passwords frequently. Don't set password as your
name, date of birth, mobile number, vehicle number.
Don't use public Wi-Fi.
Don't share your mobile number, e-mails unnecessarily at shops,
hotels.
Inform bank within 24 hours if card is not used by you.
Do the test transaction at ATM machine in case money is withdrawn
from your account by other person. Purpose is to prove your
presence at relevant time in that city/country. Even if you block
card, do the test transaction to get back your money.