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CYBER LAW AND CYBER CRIME

Written by: Muskaan Sharma, Student, Asian law college

INTRODUCTION

Information technology is the new trick and Methodology of concept using computer and internet to retrieve, transmit, store, update, manipulate, and delete computer data or information, often in the context of a business or other enterprises. IT body. The Technology manly growth in 21st century saw a technological revaluation which enthralled not only India but the entire world. The use of computer is not limited to established institutions or organization, but available to every individual at the swipe of a finger. IT has eased out almost every humanized action. The unparalleled use of internet in our day-to-day lives also led to commencement of misuse of the internet like data theft, illegal personal, and interference with privacy, cybercrimes’.


CYBERCRIME AND CYBER LAW

We can outline “Cyber Crime” as any felon or alternative Offences wherever electronic communications or info systems, together with any device or the net or each or more of them area unit concerned. We can outline “Cyberlaw” because of the legal problems that area unit related to utilizing technology.


Concretely “cyberspace”, i.e. the net. It’s an effort to integrate the challenges conferred by human activity on the Internet with the gift system of laws applicable to the physical world.


CYBER CRIME

Sussman and Heuston initial projected the term “Cyber Crime” within the year 1995. law- breaking can not be delineated as one definition, it's best thought-about as a group of acts or conducts. These acts square measure supported the fabric offence object that affects the pc knowledge or systems. These square measure the outlawed acts wherever a digital device or information system may be a tool or a target or it will be the combination of each. The law- breaking is additionally called electronic crimes, computer-related crimes, e-crime, high- technology crime, modern era crime etc. In straightforward term {we can|we will|we square measure able to} describe “Cyber Crime” are the offences or crimes that takes place over electronic communications or info systems. These styles of crimes square measure essentially the outlawed activities during which a computer and a network square measure concerned. Due of the development of the web, the volumes of the cybercrime activities are increasing as a result of once committing a criminal offense there's not a requirement for the physical gift of the criminal.


If the evidences are obtained and decrypted, it will be assumed to have a greater value to the criminal investigators. Generally, it is classified into two forms of categories:


1. Crimes targeting computer devices or network directly. Examples of crimes targeting computer devices or network directly would include,

• Malicious and Malware code

• Denial-of-service

• Computing viruses


2. Prime target is independent of device or computer network.

• Cyber stalking

• Fraud and identity theft

• Phishing scams

• Information warfare


CYBER LAW

Cyber Law took birth in order to take control over the crimes committed through the internet or the cyberspace or through the uses of computer resources. Description of the lawful issues that are related to the uses of communication or computer technology can be termed as Cyber Law.


WHAT IS THE IMPORTANCE OF CYBER LAW?

Cyber law plays a very important role in this new epoch of Technology. It is important as it is concerned to almost all aspects of activities and transactions that take place either on the internet or other communication devices. Whether we are aware of it or not, but each action and each view reaction in Cyberspace has some legal and Cyber legal views.


CYBER LAW AWARENESS PROGRAM

Once should have the following knowledge in order to stay aware about the cyber crime:

• One should read the cyber law thoroughly.

• Basic knowledge of Internet and Internet’s security.

• Read cyber crime’s cases. By reading those cases one can be aware from such crimes.

• Trusted application from trusted site can be used for Protection of one’s sensitive information or data.

• Technology’s impact on crime.


CYBER CRIME’S SCENARIO IN INDIA(A FEW CASE STUDY)

a) Bazee.com case

In December 2004 the Chief Executive Officer of Bazee.com was arrested because he was selling a compact Disk (CD) with offensive material on the website, and even CD was also conjointly sold-out in the market of Delhi. The Delhi police and therefore the Mumbai Police got into Action and later the CEO was free on bail.


b) The Bank NSP Case

In this case a management trainee of a bank got engaged to a marriage. The couple used to exchange many emails using the company’s computers. After some time they had broken up their marriage and the young lady created some fake email ids such as “Indian bar associations” and sent mails to the boy‘s foreign clients. She used the banks computer to do this. The boy‘s company lost a huge number of clients and took the bank to court. The bank was held liable for the emails sent using the bank‘s system.


C) Parliament Attack Case

The Bureau of Police Research and Development, Hyderabad had handled this case. A laptop was recovered from the terrorist who attacked the Parliament. The laptop which was detained from the two terrorists, who were gunned down on 13th December 2001 when the Parliament was under siege, was sent to Computer Forensics Division of BPRD. The laptop contained several proofs that affirmed the two terrorist’s motives, mainly the sticker of the Ministry of home that they had create don the laptop and affixed on their ambassador car to achieve entry into Parliament House and the fake ID card that one of the two terrorists was carrying with a Government of India emblem and seal. The emblems (of the 3 lions) were carefully scanned and additionally the seal was also crafty created together with a residential address of Jammu and Kashmir. However careful detection proved that it was all forged and made on the laptop.


INFORMATION TECHNOLOGY ACT, 2000

In India, cyber laws are contained within the data Technology Act, 2000 (“IT Act”) that came into force on October 17, 2000. The most purpose of the Act is to produce legal recognition to electronic commerce and to facilitate filing of electronic records with the govt. Data Technology Act, 2000 is India’s mother legislation regulating these of computers, pc systems and pc networks as additionally knowledge and knowledge within the electronic format. This legislation has touched varied aspects relating electronic authentication, digital (electronic) signatures, cyber crimes and liability of network service suppliers.


SALIENT OPTIONS OF THE KNOWLEDGE TECHNOLOGY (AMENDMENT) ACT, 2008

The term ‘digital signature’ has been replaced with ‘electronic signature’ to form the Act additional technology neutral. A new section has been inserted to outline ‘communication device’ to mean cell phones, personal digital help or combination of each or the other device accustomed communicate, send or transmit any text video, audio or image. A new section has been added to outline cyber restaurant as any facility from wherever the access to the net is obtainable by any person within the standard course of business to the members of the general public. New Section to deal with knowledge protection and privacy -Section 43 Body company to implement best security practices-Sections 43A &72A


CYBER SECURITY

A branch of technology basically known as cyber security or information security applied to networks and computers, the objective carries protection of data or information and the property from the thefts, natural disaster, or corruption, and allowing the property and information to remain productive and accessible to its users .The Cyber security implies to the processes and the technologies which are designed to protect networks, computers and the data from the unauthorized access.


• Do not respond to unfamiliar mails.

• Protect your system with some security software Shield or protect your personal information from unknown people or strangers.

• Safe browsing, and do maintain some good system hygiene.

• Keep updating your passwords, and login id’s at least once or twice in one or two months and make them strong.

• Do protect your data and personal information and avoid being scammed.

• Never send personal information and data via mail or any other means.

• Make your system clean time to time and review your social media sites as well.

• Do not respond to any spam email and be cautious.


CONCLUSION

In this modern of technology Indian cyber law, the role and usage of internet is increasing worldwide rapidly, therefore it becomes easy for cyber criminals to access any data and information with the help of their knowledge and their expertise. Cyber crime is an unlawful act or a menace that needs to be tackled firmly and effectively. There is a need to create more awareness among the people and basically users of internet about cyber space, diverse forms of cyber crime and some preventive measures as “Prevention is always better than cure”, so it is seriously advised to take some previous precautions while operating the internet. Security nowadays is becoming a prominent and major concern. In the following paper, some IT Law & security issues are introduced, threats, Trojans, and attacks over internet. Computer security becomes critical in many of the technology-driven industries which operate on the computer systems. Computer security is nothing more than computer safety. Countless vulnerabilities and computer or network based issues are acts as an integral part of maintaining an operational industry.

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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