Let’s see what Cybercrime is
I might not be the right person to write on the topic as I handle Networks and Servers but I think it is the need of the time so let’s see what Cybercrime is “Any crime which is done through any telecommunication technology or devices such as computer, phone, PDA etc., where either the device used as subject or object.” .Cybercrime is growing day by day, some of the cybercrime target persons, property, Government/Organization or society at large.
With the emergence of technology, misuse of technology has increased in number to regulate the criminal activity, law come to India as Information Technology Act 2000 in 2000 and a major amendment was made on it as Information Technology (Amendment) Act 2008 in 2009.
At present harassing using email / social sites / messaging apps are common i.e. Facebook, twitter, whatsapp, viber etc.
So let’s see what the crime are in cyber space and the penalty if someone convicted.
In Section 65 of IT act:Tampering with computer source documents.
If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.
Is be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
In Section 66 of IT act:Hacking with computer system.
Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.
(E.g. anyone who hack into a computer system without owner’s permission.)
Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
Section 66A has removed as On 24 March 2015, the Supreme Court of India, gave the verdict that Section 66A is unconstitutional in the Shreya Singhal v. Union of India case.
In Section 66B of IT Act: Receiving stolen computer or communication device
Whoever dishonestly receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen. (E.g. If a mobile phone is stolen by a person or a computer or any other communication device)
Is be punishable with imprisonment up to three years, or with fine which may extend up to one lakh rupees, or with both.
In Section 66C of IT Act: Identity Thief
Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any person. (If a person try to pretends to be someone else by assuming that person’s identity, usually as a method to gain access to resources or obtain credit and other benefits in that person’s name e.g. access to someone mail or Facebook account without the users concern)
Is be punishable with imprisonment up to three years, or with fine which may extend up to one lakh rupees.
In Section 66D of IT Act:Cheating using computer resource
Whoever, by means of communication device or computer resources cheats by personation.
(E.g. phishing someone to know the password. Phishing mean – The luring of an internet user to reveal personal details like passwords and credit card information on a fake web page.)
Is be punishable with imprisonment up to three years, or with fine which may extend up to one lakh rupees.
In Section 66E of IT Act: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.
Here “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons, “capture”, with respect to an image, means to videotape, photograph, film or record by any means, “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast, “publishes” means reproduction in the printed or electronic form and making it available for public.
(E.g. anyone who capture and publish a nude picture in a website without permission)
Is be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
In Section 66F of IT Act: Cyber Terrorism
Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people.
Knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.
(E.g. DOS or DDOS attack to a Govt. Website or attempting to penetrate or access a computer resource without authorisation or exceeding authorized access.)
Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.
In Section 67 of IT Act:Publishing information which is obscene in electronic form
Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
(E.g. A fake profile of a person is created on a social networking site with the correct address, residential information or contact details but he/she is labelled as ‘prostitute’ or a person of ‘loose character’.)
Is be punishable with imprisonment up to five years, or with fine which may extend up to ten lakh rupees, or with both.
In Section 67A of IT Act:Publishing or transmitting of material containing sexually explicit act.
Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct.
(E.g. publishing or transmitting nude photo.)
Is be punishable with imprisonment up to seven years, or with fine which may extend up to ten lakh rupees, or with both.
In Section 67B of IT Act:Publishing child porn or predating children online
Whoever, publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or facilitates abusing children online or records in any electronic form own abuse or that of others pertaining to sexually explicit act with children.
(E.g. Making porn video of child or act to be a child. Child/ Children means a person who has not completed the age of 18 years)
Is be punishable with imprisonment up to Five years, or with fine which may extend up to ten lakh rupees, or with both on first conviction, if convicted for second time fine with up to seven year imprisonment.
In Section 67C of IT Act:Failure to maintain records
Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.
(E.g. Internet Service Providers (ISP) who don’t maintain the user log)
Is be punishable with imprisonment up to three years, or with fine, or with both.
In Section 68 of IT Act:The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made there under. Any person who fails to comply with any such order shall be guilty of an offence.
(E.g. Failure/refusal to comply with orders of Govt. by Certifying Authority. A certificate authority (CA) is an authority in a network that issues and manages security credentials and public keys for message encryption.)
Is be punishable with imprisonment up to two years, or with fine up to one lakh, or with both.
In Section 69 of IT Act:Powers to issue directions for interception or monitoring or decryption of any information through any computer resource.
If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person in-charge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.
(E.g. if any ISP/telecom companydeny to capture data traffic when ask by Police or any other authorise agency of Govt.)
Is be punishable with imprisonment up to seven years, or with fine or with both.
In Section 69A of IT Act:A Power to issue directions for blocking for public access of any information through any computer resource.
Allows the Central Government to block content where it believes that this content threatens the security of the State; the sovereignty, integrity or defence of India; friendly relations with foreign States; public order; or to prevent incitement for the commission of a cognisable offence relating to any of the above. A set of procedures and safeguards to which the Government has to adhere when doing so have been laid down in what have become known as the Blocking Rules. Any intermediary who fails to comply with the direction issued is deemed to have committed a crime.
(e.g. Govt. blocking child porn website or blocking of website which affect the National security.)
Is be punishable with imprisonment up to seven years, or with fine.
In Section 69B of IT Act:Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security.
The Central Government may, to enhance Cyber Security and for identification, analysis and prevention of any intrusion or spread of computer contaminant in the country, by notification in the official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized, provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information.
(e.g. Govt. can collect or monitor information from ISP or Telecom Company)
Whoever deny is be punishable with imprisonment up to three years, or with fine.
These are some section of IT act which guard the user and their resources in cyber space, there are many cases where many cybercrime are not reported to any agency. We can minimize the cybercrime if we use Information Technology with ethics and respect others privacy.
If you want to file a case then every district have a cybercrime cell you can contact them and register a FIR in a police station.
IT security cannot be archive easily but if we follow some basic best practice, we can prevent our self from being hack, infected with virus or being phished by script kiddie or hacker.
TamoChou
RHCE, CSSA-Nielit, HP-ATA (SS, CD)
[email protected]
