Cyber Law and Its investigations

07-04-2014

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Content
What is Cyber law? Need of cyber law Cyber pornography and its rules. Phishing and its rules. Tampering with source code and its rules. Accessing protected system. Evidences. Query.
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07-04-2014

What is Cyber law?

Cyber Law is the law governing cyber space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc. Cyber law encompasses laws relating to: 1. Cyber Crimes 2. Electronic and Digital Signatures 3. Intellectual Property 4. Data Protection and Privacy

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Cyber crimes-Cyber crimes are unlawful acts where the computer is used either as a tool or a target or both. Electronic signatures are used to authenticate electronic records. Digital signatures are one type of electronic signature. Intellectual property is refers to creations of the human mind e.g. a story, a song, a painting, a design etc. Data protection and privacy laws aim to achieve a fair balance between the privacy rights of the individual and the interests of data controllers such as banks, hospitals, email service providers etc.
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Need of Cyber Law

There are various reasons why it is extremely difficult for conventional law to cope with cyberspace. Some of these are discussed below. Cyberspace is an intangible dimension that is impossible to govern and regulate using conventional law. Cyberspace has complete disrespect for jurisdictional boundaries. A person in India could break into a banks electronic vault hosted on a computer in USA and transfer millions of Rupees to another bank in Switzerland, all within minutes. All he would need is a laptop computer and a cell phone. Cyberspace handles gigantic traffic volumes every second.
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Cyberspace is absolutely open to participation by all. A tenyear-old in Bhutan can have a live chat session with an eightyear-old in Bali without any regard for the distance or the anonymity between them.

Cyberspace offers enormous potential for anonymity to its members. Readily available encryption software and steganography tools that seamlessly hide information within image and sound files ensure the confidentiality of information exchanged between cyber-citizens.

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Cyberspace offers never-seen-before economic efficiency. Billions of dollars worth of software can be traded over the Internet without the need for any government licenses, shipping and handling charges and without paying any customs duty.

Electronic information has become the main object of cyber crime. It is characterized by extreme mobility, which exceeds by far the mobility of persons, goods or other services. International computer networks can transfer huge amounts of data around the globe in a matter of seconds.
A software source code worth crores of rupees or a movie can be pirated across the globe within hours of their release.
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Theft of corporeal information (e.g. books, papers, CD ROMs, floppy disks) is easily covered by traditional penal provisions. However, the problem begins when electronic records are copied quickly, inconspicuously and often via telecommunication facilities. Here the original information, so to say, remains in the possession of the owner and yet information gets stolen.

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Cyber pornography and its rules

Section 67 of IT Act Publishing, transmitting, causing to be published Porn in the electronic form Strict punishment 5 years jail (SI or RI) + 1 lakh fine 10 years jail (SI or RI) + 2 lakh fine

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Bazee Case under cyber pornography

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Obscene MMS clipping listed for sale on 27th November, 2004 - DPS Girl having fun". Some copies sold through Baazee.com

Avnish Bajaj (CEO) arrested and his bail application was rejected by the trial court.

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Phishing and its rules

In the cyber-world phishing (also known as carding and spoofing) is a form of illegal act whereby fraudulently sensitive information is acquired, such as passwords and credit card details, by a person/entity masquerading as a trustworthy person or business in an apparently official electronic communication, such as an e-mail or instantaneous communication. It is an example of social engineering techniques used to fool users, and exploits the poor usability of current web security technologies .

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Rules to file a Case of phishing

Details Required while filing Complaint: 1. Email Content & Headers of Phishing Email 2. Bank Statement.

One Doctor from Dehgam, Gujarat had registered a crime stating that some persons (perpetrators) have perpetrated certain acts through misleading emails ostensibly emanating from ICICI Banks email ID. Such acts have been perpetrated with an intent to defraud the Customers.
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The investigation was carried out with the help of the mail received by the customer, bank account IP details & domain IP information, the place of offence at Meerut was searched for evidence. Investigation Report Documents Mail Received by Dr.C.F.Shah ---------- Forwarded message ---------From: ICICI BANK <customercare@icicibank.com> To: cf_shah@yahoo.com Date: Fri, 05 Oct 2007 20:42:43 -0500 Subject: Alert!!! Verify Your Internet Banking Account Immediately Otherwise Your Account Get Blocked!!!
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Tampering With source code

Computer source code need not only be in the electronic form. It can be printed on paper (e.g. printouts of flowcharts for designing a software application). Following are punishable with 3 years jail and / or 2 lakh fine: Concealing Altering Destroying

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Syed Asifuddin case

Tata Indicom employees were arrested for manipulation of the electronic 32-bit number (ESN) programmed into cell phones that were exclusively franchised to Reliance Infocomm.

The court held that such manipulation amounted to tampering with computer source code as envisaged by section 65.

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Accessing Protected system

The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system. The appropriate Government may, by order in writing, authorize the persons who are authorized to access protected systems notified under sub-Section (1).

Any person who secures access or attempts to secure access to a protected system in contravention of the provisions of this Section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
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Digital Evidence
Emails evidence Certificate u/s65B of Indian Evidence Act Bankers Books Evidence Act Applicable to cheque bouncing cases also Digital signatures as evidence

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Parliament attack case

Several terrorists attacked Parliament House on 13-Dec-01 Digital evidence played an important role during their prosecution.

The accused had argued that computers and digital evidence can easily be tampered and hence should not be relied upon.
A laptop, several smart media storage disks and devices were recovered from a truck intercepted at Srinagar pursuant to information given by two of the suspects.

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Evidence found on the laptop included: fake identity cards, video files containing clippings of political leaders with Parliament in background shot from TV news channels, scanned images of front and rear of a genuine identity card. image file of design of Ministry of Home Affairs car sticker, the game 'wolf pack' with the user name 'Ashiq'. Ashiq was the name in one of the fake identity cards used by the terrorists.

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No forensic backup was taken. Court held that: Challenges to the accuracy of computer evidence should be established by the challenger. Mere theoretical and generic doubts cannot be cast on the evidence.

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Thank you Regards

Mr.Nadeem Lohani
Queries

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