Cyber Crime

Cyber crime is unlawful acts wherein the computer is either a tool or a

target or both..

Using a computer to attack other computers.

e.g. Hacking, Virus/Worm attacks, DOS attack etc.

Using a computer as Weapon to commit real world crimes.

e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds,
Pornography etc

The Cost of Cybercrime

In India in 2010:

29.9 million people fell victim to cybercrime $4 billion in direct financial losses $3.6 billion in time spent resolving the crime 4 in 5 online adults (80%) have been a victim of cybercrime 17% of adults online have experienced cybercrime on their mobile phone 20% - 30% of Internet pornography consumption is by children of ages 12 - 17. Annual loss = 50 billion.
Source: Norton Cybercrime Report 2011

Why India?
A rapidly growing online user base 121 million internet users 65 million active internet users, up 28% from 51 million in 2010 50 million users shop online on ecommerce and online shopping sites 46+ million social network users 346 million mobile users had subscribed to data packages
Source: IAMAI; Juxt; wearesocial 2011

What kind of

cybercrimes?

The majority of cybercrimes are centered on forgery, fraud and phishing India is the third-most targeted country for phishing attacks after the US and the UK Social networks as well as ecommerce sites are major targets 6.9 million bot-infected systems in 2010 14,348 website defacements in 2010 Defaced in 2011 4,150 6,850 15,000 sites hacked in 2011 India is the number 1 country in the world for generating spam

Cyber Crime

Brief Description

Relevant Section in IT Act 43, 65, 66

Punishments

Cyber Stalking

Stealthily following a person, tracking his internet chats. Publishing Obscene in Electronic Form involving children Source Code Tampering, piracy, copyright infringement etc. Protection against cyber terrorism

3 years, or with fine up to 2 lakh 10 years and with fine may extends to 10 lakh 3 years, or with fine up to 2 lakh Imprisonment for a term, may extend to 7 years 3 years, or with fine up to 2 lakh 3 years, or with fine up to 2 lakh

Cyber Pornography including child pornography Intellectual Property Crimes

67, 67 (2)

65

Cyber Terrorism

69

Cyber Hacking

Destruction, deletion, alteration, etc in 66 a computer resources

Phishing

Bank Financial Frauds in Electronic Banking

Unauthorised access to computer

43, 65, 66

Privacy

43, 66, 67, 69, 72

 Unauthorized access & Hacking Trojan Attack, Virus and Worm attack E-mail & IRC related crimes
1. Email spoofing 2. Email Spamming 3. Sending malicious codes through email 4. Email bombing 5. Sending threatening emails 6. Defamatory emails 7. Email frauds 8. IRC related

Three main ways to attack IRC are: Attacks, Clone Attacks, and Flood Attacks. Denial of Service attacks

Telecom Fraud (Phreaking) CD/DVD Cloning

CYBER LAW

Cyber law is a term used to describe the legal issues related to use of communications technology, particularly "cyberspace", i.e. the Internet.

Cyber Law in India

Information Technology Act 2000- Preface Stating Objectives
To provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the :Indian Penal Code 1860. Indian Evidence Act, 1872 Bankers' Books Evidence Act, 1891 Reserve Bank of India Act, 1934

Information Technology Act, 2000

The Information Technology Act, 2000, was made effective from 17

October 2000.
The Act essentially deals with the following issues: Legal Recognition of Electronic Documents

Legal Recognition of Digital Signatures

Offenses and Contraventions Justice Dispensation Systems for cyber crimes. Retention of electronic record Authentication of electronic records

Information Technology Amendment Act 2008

The Amendment was created to address issues that the original bill failed to cover The original Act was developed to promote the IT industry, regulate e-commerce, facilitate e-governance and prevent cybercrime The Act has provided Indian government with the power of surveillance, monitoring and blocking data traffic

Information Technology Amendment Act 2008

This Amendment Act was made effective from 27 October 2009. passed in 2008 & propsed in 2006.

Some of the notable features of the ITAA are as follows:

Focussing on data privacy Focussing on Information Security Defining cyber cafe Making digital signature technology neutral Redefining the role of intermediaries Recognising the role of Indian Computer Emergency Response Team Inclusion of cyber crimes like child pornography and cyber terrorism authorizing an Inspector to investigate cyber offences (as against the DSP earlier)

What should government tackle?

The police have recorded 3,038 cases but made only 2,700 arrests in 3 years (between 2007 and 2010) India registered only 1,350 cases under the IT Act and IPC in 2010

50% of cybercrimes are not even reported

Why are so few cases are reported and does that mean the legislation is inadequate?

Some Cases
Cubby, Inc v. CompuServe, Inc. - allegedly defamatory statements
State Bank of India vs. Rizvi Exports Ltd Evidence printout of
accounts

Ritu Kohli Case - cyber stalking

State of Maharashtra v/s Anand Ashok Khare - online obscenity

State v/s Amit Prasad - India's first case of hacking registered under
Section 66

Arif Azim case - mis-use of credit cards numbers by a

Call Centre employee

The Arzika case- Pornography and obscene electronic

Arrests & Reports under IT Act

Under the IT Act, 966 cybercrime cases were filed in 2010 420 in 2009) Geographic breakdown of cases reported:
153 from Karnataka, 148 from Kerala 142 from Maharashtra 105 Andhra Pradesh 52 Rajasthan 52 Punjab

233 persons were arrested in 2010 33% of the cases registered were related to Cracking (hacking)
Source: National Crime Records Bureau

Arrests & Reports under IPC

Under the IPC, 356 cybercrime cases were registered in 2010 (276 cases in 2009) Geographic breakdown of cases reported
104 from Maharashtra 66 Andhra Pradesh 46 Chhattisgarh

The majority of these crimes were either forgery or fraud cases.

Source: National Crime Records Bureau