Written by: Saloni Lohan & Lalima Gupta, Students, UILS, Panjab University, Chandigarh
The expanse and penetration of cyber space, how omnipresent and gradually omniscient it has become in our daily lives- as an enabler to conduct daily banter to high end communications is immense. With the involvement of new applications in our lives with every dawn has open floodgates for these crimes. It can’t be denied that everything is just one click away but it can be ascertained that even these cyber-criminals operate at one click. The paper will be focusing on borderless attribute of cyberspace- a distinct advantage with a clear downside when it comes to governance and in particular the limitations on sovereignty resulting from confused jurisdictions. There is the presentation of types and nature of crimes in cyberspace in the research paper and the issues regarding cyber terrorism, state surveillance and monitoring are also touched. A detailed low down of genesis, parameters and provisions of various acts are provided to recognize, accommodate and enable prosecution of cybercrimes and violations. Cyber forensics an important aspect in cybercrime investigations are intended to be explained. Thus, this non-physical dimension, territorial nature of cyberspace has a lot to speak than just what seems to be. This is what the paper highlights and intends to explain.
INTRODUCTION: MAKING A KEEN OBSERVATION
Cyber- crime is form of an illegal activity that takes place via digital means. It is an umbrella term for all sorts of offences pursued via online/off-line modes with knowledge to cause intended or unintended damage. The field is so wide ranging that what all the law agencies have been trying to tackle in real life has seeped into the virtual lives of people; worsening the situation when people who are least concerned with privacy at the time of pressing a button, get entrapped at the most earliest! With the evolution of centuries problems like bullying, theft, blackmailing has become a havoc on existence of human life and when we the issue reaches to a world of web, it becomes a virtual-catastrophe. The issue becomes a major when the graph jumps so quickly in the shortest possible span of time.
CAUSES OF CYBER CRIMES
· Ease of access: The problem encountered in guarding a computer system from unauthorized access is that there is every possibility of violating the technology by stealing access codes, recorders, pins, retina imagers etc. that can be used to fool biometric systems and bypass firewalls to get past many a security system.
· Cyber Hoaxes: Cyber Crimes can be committed just to cause threats or damage one's reputation. This is the most dangerous of all causes. The involved believe in fighting their cause and want their goal to be achieved. They are called cyberterrorists.
· Negligence: a random click with all possibilities of not paying attention to the protection of the system. This negligence gives the criminals control to damage the computer.
· Revenge or Motivation: The greed to master the complex system with a desire to inflict loss to the victim. This includes youngsters or those who are driven by lust to make quick money and they tamper with data like e-commerce, e-banking or fraud in transactions or get attracted to hoax calls of earning lacks with least work.
· Poor law Enforcing Bodies: Due to lack in cyber laws of many countries, many criminals get away without being punished and in worse cases unidentified.
CYBER LAW
Commonly referred to as the ‘Law of the Internet’, as the name suggests, is a law related to the field of cyber-space but not limiting its domain it includes laws related to freedom of expression, access to and usage of the Internet, and online privacy etc.
Laws and legislations
Rules and governmental policies
NATIONAL POLICY ON INFORMATION TECHNOLOGY(I.T.), 2012: India an ancient civilization but the youngest nation is swiftly adapting itself to new technology. Therefore, the IT policy 2012 focuses itself on technologically-enabled approaches to enhance efficiency. This policy has a twin goal which can be explained through objectives:
· To increase the I.T. industry’s revenue to 200 billion USD by 2020
· To gain appropriate global market share in technology services.
· To promote research and development in the field of cyber technology
· To give fiscal benefits to small and medium enterprises
· The goal of e-literate
· To strengthen the framework of security and cyberspace regulations
The present policy deals with missions and strategies so to create an eco-system to promote the advantages of cyber space.
NATIONAL CYBER SECURITY POLICY,2013: the cyberspace is a complicated arena of work domain which is supported by worldwide connectivity however, it is equally delicate issue. Therefore, this policy serves a defining and guiding action related to security in cyberworld. Its objectives are as follows:
· To make a secure cyber eco-system
· An assured framework of security design
· To provide national-level security with strategic information regarding virtual threats
· To develop suitable indigenous security technologies
· To enhance public-private partnership
· To enhance global cooperation
OVERVIEW TO MAJOR RULES ISSUED UNDER THE I.T. ACT,2000
1. the I.T. (Reasonable security practices and procedures and sensitive personal data or information), 2011: these rules are applicable to corporate and individuals within India its objective is to maintain security standards of sensitive information and data.
2. the I.T.(electronic service delivery) rules,2011 : these rules provide for the creation of the system of electronic delivery of services. Such as application, certificates, licenses, etc.
3. the I.T.(intermediates guidelines) rules,2011: these rules provide for the rights and responsibilities of internet intermediaries in India. The constitutionality of these rules were upheld by the supreme court in the case of Shreya Singhal vs. Union of India [AIR 2015 SC 1523]
4. the cyber appellate tribunal (salary, allowance and other terms and conditions of services of chairpersons and members) rules,2009: it includes PF, oath of office and declaration of financial and other interests.
5. The I.T. (procedure and safeguards for blocking for access of information by public), 2009: these rules provide for designation of officer of central government for the purpose of issuing directions of blocking.
6. Some other rules namely:
· The I.T.(use of electronic records and digital signatures) rules,2004
· The I.T.(security procedure) rules,2004
· The IT (OTHER STANDARS) rules,2003
· The IT(certifying authority)regulations,2001
· IT (Certifying authorities) regulations,2001
· IT (Certifying authorities) rules, 2000
All these rules and regulations try to strengthen the IT module of India through promotion of privacy.
PENALTIES, COMPENSATION AND ADJUDICATION
The control mechanism over the cyber space has to be quite strong due to the presence of anti-cyber elements like hackers. Therefore, the legal control and sanctions emerge and comes to the picture. CHAPTER 9 of the IT ACT sections 43-47deals with civil wrongs and penalize them by compensation. Under the IT act the same act of the same person may amount to civil as well as criminal wrong. CHAPTER 11 deals with offences relating to computer system and networking.
43: penalty and compensation for damage to computer system, etc.
If any person access, use, inflict by harmful object such as virus or damages, destroy or delete any information of the owner or in charge of that computer system is liable to pay compensation to the affected
Person.
43A: Compensation for failure to protect data
Any person or corporate handling or dealing with sensitive data or information if neglects it to cause misuse shall be liable to pay compensation
44: penalty for failure to furnish information returns, etc.
There the penalty is of value not exceeding certain prescribed amount as per given in this section
45: residuary penalty
Where no penalty is specifically listed in above mentioned sections it falls within this section (amount not exceeding 25,000/-)
46: power to adjudicate
The adjudicating officer shall exercise over the prescribed jurisdiction in respect of claims for injury or damage for amount not exceeding 5 crores
47: factors to be taken into account by the adjudicating officer
The officer shall give regard to various factors:
The amount of gain of unfair advantage
Loss caused to any person
The repetitive nature of the default
CYBER JURISDICTION
Cyber jurisdiction in National cases are of two types:
· Cyber jurisdiction of civil cases
· Cyber jurisdiction of criminal cases
SOCIAL STIGMAS AND EVOLUTION OF CYBER WORLD
I. CYBER TERRORISM: it is an illegal and unlawful attack over the e-medium which is generally misappropriated against the national security and is the threat to the nation.
Such an attack compromising the military and peace infrastructure of a nation.
Cyber terrorism is a popular choice of terrorists as the social media give them access to young and immature group of people and act in anonymously. The world has visited cyber terrorism since ages now. Some instances are
The 1998 ethnic Tamil guerrillas attempted to disrupt sri Lankan embassies
II. CYBER PORNOGRAPHY: pornography literally means documenting a prostitute or depictions of acts of prostitutes. Cyber pornography highlights negative social issues such as child abuse violence against women, youth and children. To curtail it there are legislations like:
Indecent representation of women (prohibition) act, 1986: here pornography is an offence under the definition of indecent representation as defined in section 2(c).
Section 292 IPC: sale of obscene books is a punishable offence with imprisonment which may extend to 5 years and fine of 5000/-
RD udeshi vs state of Maharashtra [AIR1965SC881] : The court explained that the meaning of obscene material varies through case to case and facts to facts circumstances and can be defined as per the application of the judicial mind.
There is various news coverage which showcase the cyber crimes committed by technologically-advanced segment of society. These are least examples which shook the world:
The BLUE-WHALE challenge it is believed to be a suicide game where task ought to be completed within 50 days if not the young kids were so threatened that they found committing suicide to be much easier. The suicide of 14-year-old teenager on 29/7/17 was suspected to be the first case of this challenge related suicide in India.
BOIS-LOCKER ROOM quite a recent social media incident, May 2020 where on Instagram a boy’s group was created posting indecent comments to rape the school going class. These boys were traced to be of south Delhi. Eventually, on the police investigation one of the boys committed suicide by hanging himself. Later on, it was found that a young girl was the mastermind behind it.
AUTHORs' VIEW
In the era of this virtual world, things are too easy and fast. Our generation could never think of a life without internet and this cyber world. Our lives are gradually changed and we have transformed to become netizens. But with this quick and fast-growing world, our virtual world is giving us instances of both roses and thorns. Its correct to say that anti-social things are easy to learn and faster to absorb than socially-recognized norms. That is why the new discipline of cyber law and security has evolved so that sanctions regulated our virtual conduct.
CONCLUSION
That day is not at all far when we as society will completely transform and will be surrounded by virtual tech in all the aspects of our lives.one can mention the changes so observed during lockdown itself, online-classes, presentations, work from home, etc. the virtual world is now plugged in and it seems that it cannot be unplugged now. Here enters the IT revolution, which the whole world would witness. The internet age has now totally evolved itself and its high time for us to be cyber aware. The evolution of our society, from the stone age men we have now entered into the concept of emotion-less virtual existence of human species. This has become possible only due to the emergence of technology. But, evolving technically is not enough in itself. We need to have a proper system infused into infrastructure which becomes a customary habit to the individuals. Otherwise it would lead to the formation of two social groups one the technically-advanced group and the other not that advanced- and this gap will never be bridged.
Opinions expressed in the blogs are the sole responsibility of the author(s) and do not necessarily reflect the views of The L Word Blog.
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