CYBER CRIMES

Cyber crime consists of specific crimes dealing with computers and networks (such as hacking) and the facilitation of traditional crime through the use of computers (child pornography, hate crimes, telemarketing/ Internet fraud). In addition to cyber crime, there is also ‘computer-supported crime’ which covers the use of computers by criminals for communication and document or data storage. While these activities might not be illegal in and of themselves, they are often invaluable in the investigation of actual crimes. Computer technology presents many new challenges to social policy regarding issues such as privacy, as it relates to data mining and criminal investigations.
Hacking : Hacking in simple terms means an illegal intrusion into a computer system and/or network. There is an equivalent term to hacking i.e. cracking, but from Indian Laws perspective there is no difference between the term hacking and cracking. Every act committed towards breaking into a computer and/or network is hacking. Hackers write or use ready-made computer programs to attack the target computer. They possess the desire to destruct and they get the kick out of such destruction. Some hackers hack for personal monetary gains, such as to stealing the credit card information, transferring money from various bank accounts to their own account followed by withdrawal of money. They extort money from some corporate giant threatening him to publish the stolen information which is critical in nature.
Cyber Stalking : Cyber Stalking can be defined as the repeated acts harassment or threatening behaviour of the cyber criminal towards the victim by using internet services. Stalking in General terms can be referred to as the repeated acts of harassment targeting the victim such as following the victim, making harassing phone calls, killing the victims pet, vandalizing victims property, leaving written messages or objects. Stalking may be followed by serious violent acts such as physical harm to the victim and the same has to be treated and viewed seriously. It all depends on the course of conduct of the stalker.
Denial of Service Attack: This is an act by the criminal, who floods the bandwidth of the victim’s network or fills his e-mail box with spam mail depriving him of the services he is entitled to access.
Short for denial-of-service attack, a type of attack on a network that is designed to bring the network to its knees by flooding it with useless traffic. Many DoS attacks, such as the Ping of Death and Teardrop attacks, exploit limitations in the TCp/IP protocols. For all known DoS attacks, there are software fixes that system administrators can install to limit the damage caused by the attacks. But, like Virus, new DoS attacks are constantly being dreamed up by Hacker.
Phishing : The act of sending an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The e-mail directs the user to visit a Web site where they are asked to update personal information, such as passwords and credit card, social security, and bank account numbers, that the legitimate organization already has. The Web site, however, is bogus and set up only to steal the user’s information.. By spamming large groups of people, the ‘phisher’ counted on the e-mail being read by a percentage of people who actually had listed credit card numbers with legitimately. Phishing, also referred to as brand spoofing or carding, is a variation on ‘fishing,’ the idea being that bait is thrown out with the hopes that while most will ignore the bait, some will be tempted into biting.
Beside that Virus Dissemination, Software Privacy Internet Relay Chat crime, Net Extortion and Credit Card related crimes are categorised under the cyber crimes.
CYBER LAWS
Authentication of electronic records
(1) Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature.
(2) The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record.
Legal recognition of electronic records
Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is :
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
Legal recognition of digital signatures
Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person, hence, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government.
Use of electronic records and digital signatures in
Government and its agencies.
(1) Where any law provides for
(a) the filing of any application form or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner.
(b) the issue or grant of any license, permit, sanction or approval by whatever name called in a particular manner.
(c) the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government.
(2) The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe
(a) the manner and format in which such electronic records shall be filed, created or issued;
(b) the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a).
Retention of electronic records
(1) Where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form, if :
(a) The information contained therein remains accessible so as to be usable for a subsequent reference.
(b) The electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received.
(c) The details which will facilitate the identification of the origin, destination, date and time of dispatch or receipt of such electronic record are available in the electronic record. Provided that this clause does not apply to any information which is automatically generated solely for the purpose of enabling an electronic record to be dispatched or received.
(2) Nothing in this section shall apply to any law that expressly provides for the retention of documents, records or information in the form of electronic records.
Power to make rules by Central Government in respect of digital signature.
The Central Government may, for the purposes of this Act, by rules, prescribe :
(a) the type of digital signature;
(b) the manner and format in which the digital signature shall be affixed;
(c) the manner or procedure which facilitates identification of the person affixing the digital signature;
(d) control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and
(e) any other matter which is necessary to give legal effect to digital signatures.