A detailed study of a problems relating to the cyber crime : Solution to overcome it.

By
Mrudula Upendra Joshi.
2nd year llm, Roll No.1512.
Submitted in accordance with the requirements
for the degree of
Master of Laws
At the
University of Pune
Supervisor : Prof Prajakta Pimpalshende

APRIL 2016

Declaration
I declare that The dissertation project regarding A detailed study of a problems relating to the
cyber crime : Solution to overcome it is my own work and that all the sources that I have used or
quoted have been indicated and acknowledged by means of complete references.

Index
Topic

Page no.

Chapter I
1)
2)
3)
4)
5)

Introduction
Aims & objectives of the research.
Significance of the research.
Statement of Hypothesis.
Research methodology.

Chapter II
Topic 1
a)
b)
c)
d)
e)
f)

Introduction.
Meaning of the Concept of Crime.
Meaning of the Concept of Cyber Crime.
History of Cybercrime.
Types of Cybercrime.
Types of Cyber Criminals.

Topic 2
a) Causes of the growth of cyber crime.
b) Need for Cyber laws.
c) Problems relating to the cyber crime.
d) Impact of the cyber crime.
Topic 3
a) Cyber Crime Prevention strategies.
b) List of cyber laws in India and in other countries like America, England, Australia, Canada,
Germany.
c) Penal Provisions for cyber Crimes.

Topic 4
a) Cyber crime a new challenge in the Indian & International Scenario.

b)
c)
d)
e)

Current trends in cyber crimes.

Current trends in cyber laws.
Suggestions for to create an awareness among the people about the cyber laws.
Opinions of many cybercrime experts to fight against the cyber crime.
i) Opinions of the Indian cyber crime experts.
ii)Opinions of the international cyber crime experts.

Topic 5
a) Conclusion

Topic 6
Review of literature.

1) Introduction.
Cybercrime is a crime involving computers or digital devices. A computer can be either a target
of the crime a tool of the crime or contain evidence of the crime. Since most information

processing these days depends on the use of information technology, the control, prevention and
investigation of cyber activities is paramount to the success of the Organizations and
Governments agencies. This will ensure compliance with international acceptable standard of
usage of computer and other technological devices in the work places.
Although prevention as they say is better than cure, irrespective of the deterrent measures to
prevent and or control cybercrime, there may still be breaches, where this occur, Forensics
Experts will be called in to conduct a sound digital forensic investigations, analysis,
documentation and reconstruction of the crime scene and present the evidence of the findings to
the appropriate authorities or the Jury as the case may be, that can lead to arrest, prosecution and
conviction of the culprit.
Digital Asset need to be protected to guaranteed it Confidentiality, Integrity and Availability
(CIA triad). Information stored in Human brain, electronic devices physical media and those on
transit needs to be protected. Hence the urge for this research topic. My this research is based on
a detailed study of a problems relating to a cyber crime in India as well as in the world: Solution
to overcome it.
2) Aims & objectives of the research
As cybercrime incidents are on the increase, and it menace is affecting both Government
organizations, Individuals and businesses, the main aim of this research will be to find out the
truth which about cybercrime that is hidden and which has not been discovered as yet as it relate
to the rate of increase, the sophistication of attack, motivation of the cybercriminals and
ultimately find a way of reducing cybercrime activities and it effect on businesses to the barest
minimum. Where prevention and control is not totally possible, the research will focus on
deterrent measures like recommending maximum and appropriate punishment for offenders. In
this regard, the research will review the existing law and suggest amendments where necessary,
develop a detail and acceptable measures of tracking the cyber criminals (tracing the hacker to
the cyber space). Cyber Forensic techniques are the deal here. The research will be both
descriptive and exploratory or formulative in nature. So the aim & the objective of this research
is to study problems regarding the cyber crime in the Indian & the global perspective & gives
solution to overcome this problem.
3) Significance of the research.

This research will make constant progress possible or even give us victory in the fight against
cybercrime. It will also inculcate innovative and inductive thinking and it promotes the
development of security consciousness in organization. This research will also study the
problems relating to the cyber crime in India as well as in the world & will make a comperitive
analysis of it.
The outcome of this research will have its special significance in solving various information
security related problems of Government Agencies, the business community and individuals
alike. When all these are achieved, we will end up making our cyber space a safer place for
business transaction, there by indirectly affecting the economy. The internet will be a better and
safer place for transactions and users will be better informed of security tips for the safety of
their transactions.
A detail report will be written and submitted as the case may be.
These and many more are expected to be carried out during the research period.
I will try to cover the topic in detail with many other areas that needs to be research into, to do
so.

4) STATEMENT OF HYPOTHESIS.
The widespread of growth of cyber crime has become a matter of global concern and a challenge
for the law enforcement agencies in the new millennium. This research speaks about the
problems regarding the cyber crimes in India as well as in the world and suggests solution to
overcome it.

5) RESEARCH METHODOLOGY
Research means investigation of the new thing and new thing means first-hand experience.
Doctrinal research in law field indicates arranging, ordering and analysis of the legal structure,
legal frame work and case laws to search out the new thing by extensive surveying of legal
literature but without any field work.
This research is based on the Doctrinal research. Doctrinal research means a research that has
been carried out of legal proposition or propositions by way of analysing the existing statutory
provisions and cases by applying the reasoning power.

1) Introduction.
Cybercrime is crime that involves a computer and a network. The computer may have been used
in the commission of a crime, or it may be the target. According to Dr. Debarati Halder and Dr.
K. Jaishankar (2011) define Cybercrimes as "Offences that are committed against individuals or
groups of individuals with a criminal motive to intentionally harm the reputation of the victim or
cause physical or mental harm or loss to the victim directly or indirectly, using modern

telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and
mobile phones (SMS/MMS)". Such crimes may threaten a nations security and financial health.
issues surrounding these types of crimes have become high-profile, particularly those
surrounding hacking, copyright infringement, child pornography, and child grooming. There are
also problems of privacy when confidential information is intercepted or disclosed, lawfully or
otherwise. Dr.Debarati Halder and Dr.K.Jaishankar (2011) further define cybercrime from the
perspective of gender and defined 'cybercrime against women' as Crimes targeted against women
with a motive to intentionally harm the victim psychologically and physically, using modern
telecommunication networks such as internet and mobile phones
Internationally

both

governmental

and

non-state

actors

engage

in

cybercrimes,

including espionage, financial theft, and other cross-border crimes. Activity crossing
international borders and involving the interests of at least one nation state is sometimes referred
to as cyber warfare. The international legal system is attempting to hold actors accountable for
their actions through the International Criminal Court.
A report (sponsored by McAfee) estimates that the annual damage to the global economy is at
$445 billion however, a Microsoft report shows that such survey-based estimates are "hopelessly
flawed" and exaggerate the true losses by orders of magnitude. Approximately $1.5 billion was
lost in 2012 to online credit and debit card fraud in the US.

b) Meaning of the concept of crime.

In ordinary language, the term crime denotes an unlawful act punishable by a state. The term
"crime" does not, in modern criminal law, have any simple and universally accepted
definition, though statutory definitions have been provided for certain purposes. The most
popular view is that crime is a category created by law; in other words, something is a crime if
declared as such by the relevant and applicable law. One proposed definition is that a crime
or offence (or criminal offence) is an act harmful not only to some individual or individuals but
also to a community, society or the state ("a public wrong"). Such acts are forbidden and
punishable by law.
The notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What
precisely is a criminal offence is defined by criminal law of each country. While many have a
catalogue of crimes called the criminal code, in some common lawcountries no such
comprehensive statute exists.
The state (government) has the power to severely restrict one's liberty for committing a crime.
In modern societies, there are procedures to which investigations and trials must adhere. If
found guilty, an offender may be sentenced to a form of reparation such as a community
sentence, or, depending on the nature of their offence, to undergo imprisonment, life
imprisonment or, in some jurisdictions, execution.
Usually, to be classified as a crime, the "act of doing something criminal" (actus reus) must
with certain exceptions be accompanied by the "intention to do something criminal" (mens
rea).
While every crime violates the law, not every violation of the law counts as a crime. Breaches
of private law (torts and breaches of contract) are not automatically punished by the state, but
can be enforced through civil procedure.

B) Meaning of the concept of Cyber Crime.

Cybercrime is defined as a crime in which a computer is the object of the crime (hacking,
phishing, spamming) or is used as a tool to commit an offense (child pornography, hate crimes).
Cybercriminals may use computer technology to access personal information, business trade
secrets, or use the Internet for exploitive or malicious purposes. Criminals can also use
computers for communication and document or data storage. Criminals who perform these
illegal activities are often referred to as hackers. Common types of cybercrime include online
bank information theft, identity theft, online predatory crimes and unauthorized computer access.
More

serious

crimes

like

cyber

terrorism

are

also

of

significant

concern.

Cybercrime encompasses a wide range of activities, but these can generally be broken into two
categories:

Crimes that target computer networks or devices. These types of crimes include viruses
and denial-of-service (DoS) attacks .

Crimes that use computer networks to advance other criminal activities. These types of
crimes include cyberstalking, phishing and fraud or identity theft.

The FBI identifies cybercrime fugitives who have allegedly committed bank fraud and trafficked
counterfeit devices that access personal electronic information. The FBI also provides
information on how to report cybercrimes, as well as useful intelligence information about the
latest cybercriminals. Cyber crime that means criminal activities carried out by means of
computers or the Internet. Cyber crimes are any crimes that involve a computer and a network. In
some cases, the computer may have been used in order to commit the crime, and in other cases,
the computer may have been the target of the crime. Cybercrime is a term for any illegal activity
that uses a computer as its primary means of commission . The U.S. Department of Justice
expands the definition of cybercrime to include any illegal activity that uses a computer for the
storage of evidence. There are a number of controversial issues surrounding cybercrime.
Opinions differ, for example, as to whether some widespread activities (such as file sharing)
should be classified as criminal acts. The U.S. Digital Media Copyright Act (DMCA) of 1998
stipulates that exchanging files of copyrighted material, such as music or videos, is illegal and

punishable by law. In August, 2002, the U.S. Department of Justice announced that they would
begin to prosecute cases of peer-to-peer piracy. Since that time, there have been sporadic suits
brought against individuals. Such prosecutions please many in the entertainment industries but
are less popular with the general public. Gary Shapiro, president of the Consumer Electronics
Association, has remarked that "If we have 70 million people in the United States who are
breaking the law, we have a big issue."
Another controversy related to cybercrime is the issue of digital surveillance and its impact on
civil liberties. Since the terrorist attacks on the World Trade Center in September 2001, many
have deemed it necessary to curtail some individual rights to privacy of information in exchange
for greater security. According to the American Civil Liberties Union (ACLU), government
surveillance networks monitor enormous volumes of private communications and apply artificial
intelligence (AI) applications to filter out relevant data. Although such extensive surveillance
might significantly decrease the possibility of cybercrime, it is nearly impossible to do so
without infringing upon individual privacy. Furthermore, because surveillance organizations
operate in secret, they are not open to scrutiny. The ACLU suggests that while surveillance can
be effectively used to curtail cybercrime, it must be properly overseen to ensure that it is not at
the cost of individual rights. Cybercrime is criminal activity done using computers and the
Internet. This includes anything from downloading illegal music files to stealing millions of
dollars from online bank accounts. Cybercrime also includes non-monetary offenses, such as
creating and distributing viruses on other computers or posting confidential business information
on the Internet.
Perhaps the most prominent form of cybercrime is identity theft, in which criminals use the
Internet to steal personal information from other users. Two of the most common ways this is
done is through phishing and pharming. Both of these methods lure users to fake websites (that
appear to be legitimate), where they are asked to enter personal information. This
includeslogin information, such as usernames and passwords, phone numbers, addresses, credit
card numbers, bank account numbers, and other information criminals can use to "steal" another
person's identity. For this reason, it is smart to always check the URLor Web address of a site to
make sure it is legitimate before entering your personal information.
Because cybercrime covers such a broad scope of criminal activity, the examples above are only
a few of the thousands of crimes that are considered cybercrimes. While computers and the

Internet have made our lives easier in many ways, it is unfortunate that people also use these
technologies to take advantage of others. Therefore, it is smart to protect yourself by using
antivirus and spyware blocking software and being careful where you enter your personal
information.

The new definition proposed in SA law Electronic Communications and Transactions

Amendment Bill, 2012 (26 October 2012) states:
cyber crime means any criminal or other offence that is facilitated by or involves the use of
electronic communications or information systems, including any device or the Internet or any
one or more of them

The term Cybercrime, although widely used in the same context over the past decade, does not
have a precise or universal definition. Due to the varying scenarios and environments, it varies
between jurisdictions and differs largely based on the perceptions of those involved.
The listing of definitions below are from some of the various popular encyclopedic, community
and technical websites.
Criminal activity or a crime that involves the Internet, a computer system, or computer
technology. Cybercrime, also called computer crime, the use of a computer as an instrument to
further illegal ends. Criminal activity that involves the use of a computer and the internet. These
can be traditional criminal offenses committed with the use of a computer and newer crimes that
originated with the advent of computers and networks. Cybercrime encompasses criminal actions
that target computer, internet, or network utility, damaging functionality or infiltrating systems
and processes. Any crime that is committed using a computer or network, or hardware device.
The computer or device may be the agent of the crime, the facilitator of the crime, or the target of
the crime. Crime conducted via the Internet or some other computer network. Cybercrime is
criminal activity done using computers and the Internet.
Cyber crime encompasses any criminal act dealing with computers and networks (called
hacking). Additionally, cyber crime also includes traditional crimes conducted through the
Internet. Criminal activities that specifically target a computer or network for damage or
infiltration and also refers to the use of computers as tools to conduct criminal activity. Computer

crime, or cybercrime, refers to any crime that involves a computer and a network. The computer
may have been used in the commission of a crime, or it may be the target. Cybercrimes are
generally defined as any type of illegal activity that makes use of the Internet, a private or public
network, or an in-house computer system.

C) HISTORY OF CYBERCRIME.
The history of cyber which states that the Cybercrime first started with hackers trying to break
into computer networks. Some did it just for the thrill of accessing high-level security networks,
but others sought to gain sensitive, classified material. Federal Bureau of Investigations 20101
statistics shows the increase of cybercrime all over the world. Before looking into the details of
cybercrime, one must know about the evolution of cybercrime. It is important to know that when,
where and how the traditional crime shaped into cybercrime.
Eventually, criminals started to infect computer systems with computer viruses, which led to
breakdowns on personal and business computers. Computer viruses are forms of code or
malware programs that can copy themselves and damage or destroy data and systems. When
computer viruses are used on a large scale, like with bank, government or hospital networks,
these actions may be categorized as cyber terrorism. Computer hackers also engage in phishing
scams, like asking for bank account numbers, and credit card theft.
The first recorded cyber crime took place in the year 1820. That is not surprising considering the
fact that the abacus, which is thought to be the earliest form of a computer, has been around since
3500 B.C. in India, Japan and China. The era of modern computers, however, began with the
analytical engine of Charles Babbage.
In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom. This
device allowed the repetition of a series of steps in the weaving of special fabrics. This resulted
1 Federal Bureau of Investigations. Cyber Investigations defined the four catagories fallingunder the cybercrime, which are
1. Cyber crimes against children (usually involving child pornography or child rape)
2. Theft of intellectual property
3. Publication and intentional dissemination of malware
4. National and international Internet fraud

in a fear amongst Jacquard's employees that their traditional employment and livelihood were
being threatened. They committed acts of sabotage to discourage Jacquard from further use of
the new technology. This is the first recorded cyber crime.
Today computers have come a long way, with neural networks and nano-computing promising to
turn every atom in a glass of water into a computer capable of performing a Billion operations
per second.
Cyber crime is an evil having its origin in the growing dependence on computers in modern life.
In a day and age when everything from microwave ovens and refrigerators to nuclear power
plants is being run on computers, cyber crime has assumed rather sinister implications. Major
cyber crimes in the recent past include the Citibank rip off. US $ 10 million were fraudulently
transferred out of the bank and into a bank account in Switzerland. A Russian hacker group led
by Vladimir Kevin, a renowned hacker, perpetrated the attack. The group compromised the
bank's security systems. Vladimir was allegedly using his office computer at AO Saturn, a
computer firm in St. Petersburg, Russia, to break into Citibank computers. He was finally
arrested on Heathrow airport on his way to Switzerland.