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PRASANNA DEVI
CO-AUTHOR:V.PARTHIBAN
prasanna02devi@gmail.com
Mobile No:7708557545
SAVEETHA SCHOOL OF LAW
SAVEETHA UNIVERSITY
CHENNAI.
A STUDY ON PREVENTION AND PROTECTION OF CYBER CRIME
ABSTRACT:
The biggest existential threat in this modern era is Cybercrime. This means any crime
committed on the internet. It hampers a persons modesty and drives him into a life of shame
and distress. There are different forms of cybercrime, each possess a biggest threat to
mankind. Though many laws are executed it fails in implementation. The main advantage for
the criminals is they are unknown to the outer world. Even when the person is found the
punishment is not stringent. The major victims of cybercrime are women and children. It not
only causes physical but also mental harassment to the victims. 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.
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, these actions may be
categorized as cyber terrorism. This paper mainly focuses on the protection and the
prevention for this cyber crime.
INTRODUCTION:
Cybercrime means crime committed with the help of computer as a source or as a target. It
affects the reputation of the people and it also causes both physical and mental depression.
Cybercrime is defined 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)". It is also a threat to our national security. It includes
copyright infringement, hacking, Internet fraud, child pornography, stalking etc. International
agencies and organizations involve in cybercrime mainly for extracting confidential
information. Cybercrime also includes cyber terrorism. Cyber terrorism is someone who
intimidates or coerces a government or organization to advance his or her political or social
objectives by launching a computer-based attack against computers, networks, or the
information stored on them. There are some measures taken to protect the commission of
cybercrime. Before that let us find out more about cybercrimes.
TYPES OF CYBER CRIME:
HACKING:
Hackers are those who operate other accounts without their knowledge and exploiting their
information. Hackers are generally classified into White Hat and Black Hat Hackers.
White Hat Hackers:
White Hat Hackers are those who breach their own system to check their security software
and take steps to improve them. They are called Ethical Hackers. This classification also
includes individuals who perform penetration tests and vulnerability assessments within a
contractual agreement. Ethical hackers are appointed by the organization to check their
security system.
Black Hat Hackers:
Black hat hackers break into secure networks to destroy, modify, or steal data; or to make the
network unusable for those who are authorized to use the network. Black hat hackers are also
referred to as the "crackers" within the security industry and by modern programmers.
Crackers keep the awareness of the vulnerabilities to themselves and do not notify the general
public or the manufacturer for patches to be applied. Individual freedom and accessibility is
promoted over privacy and security. Once they have gained control over a system, they may
apply patches or fixes to the system only to keep their reigning control.
Grey Hat Hackers:
Grey hat hackers are those breaks into security networks mainly to notify the administrator
that their system can be breached. But like Ethical hackers they are not appointed the
organization. Grey hat hackers sometimes find the defect of a system and publish the facts to
the world instead of a group of people. Though grey hat hackers may not breach the security
for personal gain, unauthorized access is said to be illegal.
INTERNET THEFT:
A term used to describe the act of illegally using, copying or distributing software without
ownership or legal rights. The majority of software today is purchased as a one-site license,
meaning that only one computer may have that software installed on it at one time. Copying
that software to multiple computers or sharing it with your friend without multiple licenses is
considered software piracy, which is illegal.
Counterfeiting
This type of piracy is the illegal duplication, distribution and/or sale of copyrighted material
with the intent of imitating the copyrighted product. In the case of packaged software, it is
common to find counterfeit copies of the compact discs incorporating the software programs,
as well as related packaging, manuals, license agreements, labels, registration cards and
security features.
Internet Piracy:
This occurs when software is downloaded from the Internet. The same purchasing rules apply
to on-line software purchases as for those bought in compact disc format.
End user piracy:
This occurs when an individual reproduces copies of software without authorization. These
include:
Taking advantage of upgrade offers without having a legal copy of the version to be
upgraded
remotely record the victims key strokes in order to capture credit card account, bank account,
or password information, or it may insert remote screen capture applications.Malware may
also be downloaded via peer-to-peer file sharing programs or from pirated software.
CYBER VOYEURISM:
Cyber voyeurism is the act of using the internet as a tool to facilitate spying on people
engaged in intimate behaviors such as chat rooms, blogs etc.
DATA DIDDLING:
Data diddling involves changing data prior or during input into a computer.In other
words, information is changed from the way it should be entered by a person typing in the
data, a virus that changes data, the programmer of the database or application, or anyone else
involved in the process of having information stored in a computer file.
E-MAIL SECURITY DESTRUCTION:
Email security destruction refers to unethically recovering passwords from data that
has been stored in or transmitted by a computer system.
PHREAKING:
Phreaking refers to the act of pirating telephone networks.Since the modern telephone
exchanges are computerised, it becomes possible for phreakers to control the network as
easily as an employee of the telephone company.
USAGE OF VIRUS:
Virus are any computer instruction, information, data or programme that destroys,
damages, degrades or adversely affects the performance of a computer resources or attaches
itself to another computer resource and operates when a programme, data or instruction is
executed or some other event takes place in that computer resource.The insertion of viruses in
the internet along with website use, emails and downloads is one of the most rampant cyber
crimes of today.
The following are the legal provisions dealing with cognizable offences and criminal acts
under IT Act:
ADJUDICATION:
Section 43 Penalty and Compensation for damage to computer, computer system, etc
If any person without permission of the owner or any other person who is incharge of a
computer, computer system or computer network
(a) accesses or secures access to such computer, computer system or computer network or
computer resource
(b) downloads, copies or extracts any data, computer data base or information from such
computer, computer system or computer network including information or data held or stored
in any removable storage medium;
(c) introduces or causes to be introduced any computer contaminant or computer virus into
any computer, computer system or computer network;
(d) damages or causes to be damaged any computer, computer system or computer network,
data, computer data base or any other programmes residing in such computer, computer
system or computer network;
(e) disrupts or causes disruption of any computer, computer system or computer network;
(f) denies or causes the denial of access to any person authorised to access any computer,
computer system or computer network by any means;
(g) provides any assistance to any person to facilitate access to a computer, computer system
or computer network in contravention of the provisions of this Act, rules or regulations made
thereunder,
(h) charges the services availed of by a person to the account of another person by tampering
with or manipulating any computer, computer system, or computer network,
(i) destroys, deletes or alters any information residing in a computer resource or diminishes
its value or utility or affects it injuriously by any means
(i) Steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter
any computer source code used for a computer resource with an intention to cause damage,
he shall be liable to pay damages by way of compensation not exceeding one crore rupees to
the person so affected.
Section 65 Tampering with Computer Source Documents
denying or cause the denial of access to any person authorized to access computer
(ii)
resource; or
attempting to penetrate or access a computer resource without authorisation or
exceeding authorized access; or
(iii)
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, shall be punished on first conviction
with imprisonment of either description for a term which may extend to two three years and
with fine which may extend to five lakh rupees and in the event of a second or subsequent
conviction with imprisonment of either description for a term which may extend to five years
and also with fine which may extend to ten lakh rupees.
Section 67 A Punishment for publishing or transmitting of material containing sexually
explicit act,etc. in electronic form
Whoever publishes or transmits or causes to be published or transmitted in the electronic
form any material which contains sexually explicit act or conduct shall be punished on first
conviction with imprisonment of either description for a term which may extend to five years
and with fine which may extend to ten lakh rupees and in the event of second or subsequent
conviction with imprisonment of either description for a term which may extend to seven
years and also with fine which may extend to ten lakh rupees.
Section 67 B Punishment for publishing or transmitting of material depicting children
in sexually explicit act, etc. in electronic form.
Whoever,(a) 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
(b) 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
(c) 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
(d) facilitates abusing children online or
(e) records in any electronic form own abuse or that of others pertaining to sexually explicit
act with children, shall be punished on first conviction with imprisonment of either
description for a term which may extend to five years and with a fine which may extend to
ten lakh rupees and in the event of second or subsequent conviction with imprisonment of
either description for a term which may extend to seven years and also with fine which may
extend to ten lakh rupees
Section 67 C Preservation and Retention of information by intermediaries
(1) 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.
(2) Any intermediary who intentionally or knowingly contravenes the provisions of sub
section (1) shall be punished with an imprisonment for a term which may extend to three
years and shall also be liable to fine.
PREVENTION:
One should not disclose any personal information to strangers through mail, phone,
back up volumes should be kept so that person may not suffer data loss
One should not disclose his bank details to any persons or to any site.
Parents should keep an eye on their children while they use any social site or
websites.
Website owners should watch trafficking and to check regularity. It is the duty of the
network.
Strict statutory laws need to be passed by the Legislature for the protection of the
people.
Steps should be taken to prevent people from Cybercrime at International level as it is
The following are the suggestion which could be followed by the people to be safe from
cyber crime.
It is always advisable not to share any personal information like age, photo, etc about
the user on the internet.
hacking, etc.
Third-party applications may provide entertainment or functionality, but use caution
when deciding which applications to enable. Avoid applications that seem suspicious,
and modify your settings to limit the amount of information the applications can
access.
Install software updates so that attackers cannot take advantage of known problems or
vulnerabilities.
Children are especially susceptible to the threats that social networking sites present.
Although many of these sites have age restrictions, children may misrepresent their
ages so that they can join. By teaching children about Internet safety, being aware of
their online habits, and guiding them to appropriate sites, parents can make sure that
the children become safe and responsible users.
CONCLUSION
Thus cyber crime is a serious offence which leads a man to a state of mental trauma.
The posted information might be false and defaming and this spoils his entire position in the
society. This paper has analyzed about the types of cyber crime and also the legal
punishments for cyber criminals and also has laid down a few suggestions to the people to
stay safe from this cyber crimes. Thus using the internet is a necessity at the current scenario
and this has been an advantage to the criminals to hack into different accounts easily.
Capacity of human mind is unfathomable. It is not possible to eliminate cyber crime from the
cyber space. It is quite possible to check them. History is the witness that no legislation has
succeeded in totally eliminating crime from the globe. The only possible step is to make
people aware of their rights and duties (to report crime as a collective duty towards the
society) and further making the application of the laws more stringent to check crime.
Undoubtedly the Act is a historical step in the cyber world. Further I all together do not deny
that there is a need to bring changes in the Information Technology Act to make it more
effective to combat cyber crime. With a word of caution for the pro-legislation school that it
should be kept in mind that the provisions of the cyber law are not made so stringent that it
may retard the growth of the industry and prove to be counter-productive.