| 1. Synopsis Of The Article. | | | | the technology to provide some sense of security to |
| Information Technology solutions have paved a way | | | | the users. Few basic prominent measures used to |
| to a new world of internet, business networking and | | | | curb cyber crimes are as follows: |
| e-banking, budding as a solution to reduce costs, | | | | A) Encryption: This is considered as an important tool |
| change the sophisticated economic affairs to more | | | | for protecting data in transit. Plain text (readable) can |
| easier, speedy, efficient, and time saving method of | | | | be converted to cipher text (coded language) by this |
| transactions. Internet has emerged as a blessing for | | | | method and the recipient of the data can decrypt it by |
| the present pace of life but at the same time also | | | | converting it into plain text again by using private key. |
| resulted in various threats to the consumers and other | | | | This way except for the recipient whose possessor |
| institutions for which it’s proved to be most | | | | of private key to decrypt the data, no one can gain |
| beneficial. Various criminals like hackers, crackers have | | | | access to the sensitive information. |
| been able to pave their way to interfere with the | | | | Not only the information in transit but also the |
| internet accounts through various techniques like | | | | information stored on computer can be protected by |
| hacking the Domain Name Server (DNS), Internet | | | | using Conventional cryptography method. Usual |
| Provider’s (IP) address, spoofing, phishing, internet | | | | problem lies during the distribution of keys as anyone if |
| phishing etc. and have been successful in gaining | | | | overhears it or intercept it can make the whole object |
| “unauthorised access” to the user’s | | | | of encryption to standstill. Public key encryptograpy |
| computer system and stolen useful data to gain huge | | | | was one solution to this where the public key could be |
| profits from customer’s accounts. | | | | known to the whole world but the private key was |
| Intentional use of information technology by cyber | | | | only known to receiver, its very difficult to derive |
| terrorists for producing destructive and harmful effects | | | | private key from public key. |
| to tangible and intangible property of others is called | | | | B) Syncronised Passwords: These passwords are |
| “cyber crime”. Cyber crime is clearly an | | | | schemes used to change the password at user’s |
| international problem with no national boundaries. | | | | and host token. The password on synchronised card |
| Hacking attacks can be launched from any corner of | | | | changes every 30-60 seconds which only makes it |
| the world without any fear of being traced or | | | | valid for one time log-on session. Other useful methods |
| prosecuted easily. Cyber terrorist can collapse the | | | | introduced are signature, voice, fingerprint identification |
| economic structure of a country from a place where | | | | or retinal and biometric recognition etc. to impute |
| that country might not have any arrangements like | | | | passwords and pass phrases |
| “extradition treaty” to deal with that criminal. The | | | | C) Firewalls: It creates wall between the system and |
| only safeguard would be better technology to combat | | | | possible intruders to protect the classified documents |
| such technology already evolved and known to the | | | | from being leaked or accessed. It would only let the |
| Hackers. But that still has threat of being taken over by | | | | data to flow in computer which is recognised and |
| the intellect computer criminals. | | | | verified by one’s system. It only permits access to |
| This paper contributes an understanding of the effects | | | | the system to ones already registered with the |
| of negative use of Information technology, and how | | | | computer. |
| far the present law in India is successful in dealing with | | | | D) Digital Signature: Are created by using means of |
| the issue, and what way is the legal structure lagging | | | | cryptography by applying algorithms. This has its |
| to curb the crime. Possible changes needed in the | | | | prominent use in the business of banking where |
| system and the ways to combat cyber terrorism | | | | customer’s signature is identified by using this |
| having safe and trustworthy transactions. | | | | method before banks enter into huge transactions. |
| Though there are many techniques evolved to curb | | | | 5. Investigations And Search Procedures. |
| the criminal activities by cyber terrorists but still the | | | | Section 75 of Information Technology Act, 2000 takes |
| problem persists in legal structure and has failed to | | | | care of jurisdictional aspect of cyber crimes, and one |
| produce a deterring effect on the criminals. If the | | | | would be punished irrespective of his nationality and |
| suggestions are undertaken in light of conclusion there | | | | place of commission of offence. Power of |
| can be a better co-ordination among various national | | | | investigation is been given to police officer not below |
| and international agencies to make the system more | | | | the rank of Deputy Superintendent of police or any |
| efficient, and Information Technology Act 2000 more | | | | officer of the Central Government or a State |
| secured and trustworthy. It can still be held good for | | | | Government authorised by Central Government. He |
| the objects it had existed to provide the benefits to | | | | may enter any public place, conduct a search and |
| the society. This paper is contributive of the fact that | | | | arrest without warrant person who is reasonably |
| the till the crime rate is not curbed technology cannot | | | | expected to have committed an offence or about to |
| produce adequate benefits for which it’s been | | | | commit computer related crime. Accused has to be |
| created. | | | | produced before magistrate within 24 hours of arrest. |
| 2. What Is Cyber Crime? | | | | Provisions of Criminal Procedure Code, 1973 regulate |
| Cyber terrorists usually use the computer as a tool, | | | | the procedure of entry, search and arrest of the |
| target, or both for their unlawful act either to gain | | | | accused. |
| information which can result in heavy loss/damage to | | | | 5.1. Problems Underlying Tracking Of Offence. |
| the owner of that intangible sensitive information. | | | | Most of the times the offenders commit crime and |
| Internet is one of the means by which the offenders | | | | their identity is hard to be identified. Tracking cyber |
| can gain such price sensitive information of companies, | | | | criminals requires a proper law enforcing agency |
| firms, individuals, banks, intellectual property crimes | | | | through cyber border co-operation of governments, |
| (such as stealing new product plans, its description, | | | | businesses and institutions of other countries. Most of |
| market programme plans, list of customers etc.), selling | | | | the countries lack skilled law enforcement personnel to |
| illegal articles, pornography etc. this is done through | | | | deal with computer and even broader Information |
| many methods such as phishing, spoofing, pharming, | | | | technology related crimes. Usually law enforcement |
| internet phising, wire transfer etc. and use it to their | | | | agencies also don’t take crimes serious, they have |
| own advantage without the consent of the individual. | | | | no importance of enforcement of cyber crimes, and |
| Many banks, financial institutions, investment houses, | | | | even if they undertake to investigate they are posed |
| brokering firms etc. are being victimised and | | | | with limitation of extra-territorial nature of crimes. |
| threatened by the cyber terrorists to pay extortion | | | | 6. How Efficient Is Information Technology Act 2000? |
| money to keep their sensitive information intact to | | | | It can’t be disputed that Information Technology |
| avoid huge damages. And it’s been reported that | | | | Act, 2000 though provides certain kinds of protections |
| many institutions in US, Britain and Europe have | | | | but doesn’t cover all the spheres of the I.T where |
| secretly paid them to prevent huge meltdown or | | | | the protection must be provided. Copyright and trade |
| collapse of confidence among their consumers. | | | | mark violations do occur on the net but Copy Right |
| 2.2. Emergence Of Information Technology Act, 2000.In | | | | Act 1976, or Trade Mark Act 1994 are silent on that |
| India, the Information Technology Act 2000 was | | | | which specifically deals with the issue. Therefore have |
| enacted after the United Nation General Assembly | | | | no enforcement machinery to ensure the protection of |
| Resolution A/RES/51/162, dated the 30th January, 1997 | | | | domain names on net. Transmission of e-cash and |
| by adopting the Model Law on Electronic Commerce | | | | transactions online are not given protection under |
| adopted by the United Nations Commission on | | | | Negotiable Instrument Act, 1881. Online privacy is not |
| International Trade Law. This was the first step | | | | protected only Section 43 (penalty for damage to |
| towards the Law relating to e-commerce at | | | | computer or computer system) and 72 (Breach of |
| international level to regulate an alternative form of | | | | confidentiality or privacy) talks about it in some extent |
| commerce and to give legal status in the area of | | | | but doesn’t hinder the violations caused in the |
| e-commerce. It was enacted taking into consideration | | | | cyberspace. |
| UNICITRAL model of Law on e- commerce 1996. | | | | Even the Internet Service Providers (ISP) who |
| 3. Some Noteworthy Provisions Under The Information | | | | transmits some third party information without human |
| Technology Act, 2000. | | | | intervention is not made liable under the Information |
| Sec.43 | | | | Technology Act, 2000. One can easily take shelter |
| Damage to Computer system etc. | | | | under the exemption clause, if he proves that it was |
| Compensation for Rupees 1crore. | | | | committed without his knowledge or he exercised due |
| Sec.66 | | | | diligence to prevent the offence. It’s hard to prove |
| Hacking (with intent or knowledge) | | | | the commission of offence as the terms “due |
| Fine of 2 lakh rupees, and imprisonment for 3 years. | | | | diligence” and “lack of knowledge” have not |
| Sec.67 | | | | been defined anywhere in the Act. And unfortunately |
| Publication of obscene material in e-form | | | | the Act doesn’t mention how the extra territoriality |
| Fine of 1 lakh rupees, and imprisonment of 5years, and | | | | would be enforced. This aspect is completely ignored |
| double conviction on second offence | | | | by the Act, where it had come into existence to look |
| Sec.68 | | | | into cyber crime which is on the face of it an |
| Not complying with directions of controller | | | | international problem with no territorial boundaries. |
| Fine upto 2 lakh and imprisonment of 3 years. | | | | 7. Data Protection. |
| Sec.70attempting or securing access to computer | | | | Information stored on the owner of the computer |
| Imprisonment upto 10 years. | | | | would be his property and must be protected there |
| Sec.72 | | | | are many ways such information can be misused by |
| For breaking confidentiality of the information of | | | | ways like ‘unauthorized access, computer viruses, |
| computer | | | | data typing, modification erasures etc. Legislators had |
| Fine upto 1 lakh and imprisonment upto 2 years | | | | been constantly confronted with problem in balancing |
| Sec.73 | | | | the right of the individuals on the computer information |
| Publishing false digital signatures, false in certain | | | | and other people’s claim to be allowed access to |
| particulars | | | | information under Human Rights. The first enactment in |
| Fine of 1 lakh, or imprisonment of 2 years or both. | | | | this regard was Data Protection Act by Germany in |
| Sec.74 | | | | the year 1970. This was widely accepted by the world |
| Publication of Digital Signatures for fraudulent purpose. | | | | and also contributed to the Information Technology |
| Imprisonment for the term of 2 years and fine for 1 | | | | Act. |
| lakh rupees. | | | | The origin of laws on date protection dates back to |
| 4. Types Of Attacks By Hackers. | | | | 1972 when United Kingdom formed a committee on |
| Hacker is computer expert who uses his knowledge | | | | privacy which came up with ten principles, on the |
| to gain unauthorized access to the computer network. | | | | bases of which data protection committee was set up. |
| He’s not any person who intends to break through | | | | Data Protection Act, 1984 (DPA) was United |
| the system but also includes one who has no intent to | | | | Kingdom’s response to the Council of Europe |
| damage the system but intends to learn more by using | | | | Convention 1981, this Act lacked proper enforcement |
| one’s computer. Information Technology Act 2000 | | | | mechanism and has done little to enforce |
| doesn’t make hacking per se an offence but looks | | | | individual’s rights and freedoms. European Union |
| into factor of mens rea. Crackers on other hand use | | | | directive in 1995, European Convention of Human |
| the information cause disruption to the network for | | | | Rights (ECHR), Human Rights Acts, and further |
| personal and political motives. Hacking by an insider or | | | | introduction of Data Protection Act, 1998 have done |
| an employee is quite prominent in present date. Section | | | | much in the field of Data protection in today’s date. |
| 66 (b) of the Information Technology Act 2000, | | | | Data Protection Act has following aims and objectives: |
| provides punishment of imprisonment for the term of 3 | | | | Personal information shall only be obtained for lawful |
| years and fine which may extent to two lakhs rupees, | | | | purpose, it shall only be used for that purpose, |
| or with both | | | | mustn’t be disclosed or used to effectuate any |
| Banks and other financial institutions are threatened by | | | | unlawful activity, and must be disposed off when the |
| the terrorist groups to use their sensitive information | | | | purpose is fulfilled. |
| resulting in heavy loss and in turn ask for ransom | | | | Though Data Protection Act aims at protecting privacy |
| amount from them. There are various methods used | | | | issues related to the information but still we find no |
| by hackers to gain unauthorised access to the | | | | mention of the word “privacy” in the Act, nor is it |
| computers apart from use of viruses like Trojans and | | | | defined, further the protection comes with various |
| worms etc. | | | | exemptions, including compulsory notification from the |
| Therefore if anyone secures access to any computer | | | | Commissioner in certain cases of the personal data. |
| without the permission of the owner shall be liable to | | | | Due to the change in the regime of information |
| pay damages of one crore rupees under Information | | | | technology for the date European Convention came, |
| Technology Act, 2000. Computer system here means | | | | on which the Act is based amendments in the Act is |
| a device including input and output support devices and | | | | advised for matching the present situation and curbing |
| systems which are capable of performing logical, | | | | the crime in efficient way. |
| arithmetical, data storage and retrieval, communication | | | | There is no Data Protection Act in India, the only |
| control and other functions but excludes calculators. | | | | provisions which talks about data protection are |
| Unauthorised access under Section 43 of the | | | | Section 72 and Section 43 of Information Technology |
| Information Technology Act 2000 is punishable | | | | Act, 2000. There must be a new Law to deal with the |
| regardless of the intention or purpose for which | | | | situation for a person to know that the Controller is |
| unauthorised access to the computer system was | | | | processing his data concerning him and also that he |
| made. Owner needn’t prove the facto of loss, but | | | | must know the purpose for which it has been |
| the fact of it been used without his authorisation. Case | | | | processed. It is a fundamental right of the Individual to |
| of United States v. Rice would be important in this | | | | retain private information concerning him provided |
| regard where defendant on the request of his friend | | | | under Article 21 of the Indian Constitution, which says: |
| (who was been under investigation by IRS officer) | | | | “No person shall be deprived of his life or personal |
| tried to find the status of his friend’s case by using | | | | liberty except according to procedure established by |
| officer’s computer without his consent. Though it | | | | law”. And due to the increasing trend of the Crime |
| didn’t cause any damage/loss to the plaintiff | | | | rate in the field separate legislation is required in this |
| (officer) but was convicted by the Jury for accessing | | | | context for better protection of individuals. |
| the computer system of a Government without his | | | | 8. Conclusion & Suggestions. |
| authority and his conviction was later on confirmed. | | | | No one can deny the positive role of the cyber space |
| Even if one provides any assistance to the other to | | | | in today’s world either it be political, economic, or |
| gain any unauthorised access to the computer he shall | | | | social sphere of life. But everything has its pro’s |
| be liable to pay damages by way of compensation of | | | | and corns, cyber terrorists have taken over the |
| Rupees 1 crore. | | | | technology to their advantage. To curb their activities, |
| Does turning on the computer leads to unauthorized | | | | the Information Technology Act 2000 came into |
| access? The mens rea under section 1 of the | | | | existence which is based on UNICITRAL model of |
| Computer misuse Act, 1990 comprises of two | | | | Law on e-commerce. It has many advantages as it |
| elements there must be an intent to secure an access | | | | gave legal recognition to electronic records, |
| to any programme or data held in any computer, and | | | | transactions, authentication and certification of digital |
| the person must know that he intends to secure an | | | | signatures, prevention of computer crimes etc. but at |
| unauthorized access. e.g. When defendants went to | | | | the same time is inflicted with various drawbacks also |
| his former employee to purchase certain equipments | | | | like it doesn’t refer to the protection of Intellectual |
| and the sales person was not looking he was alleged | | | | Property rights, domain name, cyber squatting etc. This |
| to have keyed in certain commands to the | | | | inhibits the corporate bodies to invest in the Information |
| computerized till granting himself substantial discount. | | | | technology infrastructure. Cases like Dawood and |
| Though section 1 (1) (a) requires “that second | | | | Quattrochi clearly reveals the problem of enforceability |
| computer must be involved” but the judiciary in the | | | | machinery in India. Cryptography is new phenomenon |
| case of R v. Sean Cropp, believed that the Parliament | | | | to secure sensitive information. There are very few |
| would have intended to restrict the offence even if | | | | companies in present date which have this technology. |
| single computer system was involved. | | | | Other millions of them are still posed to the risk of |
| A) Computer Viruses: Viruses are used by Hackers to | | | | cyber crimes. |
| infect the user’s computer and damage data | | | | There is an urgent need for unification of internet laws |
| saved on the computer by use of “payload” in | | | | to reduce the confusion in their application. For e.g. for |
| viruses which carries damaging code. Person would be | | | | publication of harmful contents or such sites, we have |
| liable under I.T Act only when the consent of the | | | | Indian Penal Code (IPC), Obscenity Law, |
| owner is not taken before inserting virus in his system. | | | | Communication Decency law, self regulation, |
| The contradiction here is that though certain viruses | | | | Information Technology Act 2000 ,Data Protection Act, |
| causes temporary interruption by showing messages | | | | Indian Penal Code, Criminal Procedure Code etc but as |
| on the screen of the user but still it’s not punishable | | | | they deal with the subject vaguely therefore lacks |
| under Information Technology Act 2000 as it | | | | efficient enforceability mechanism. Due to numerous |
| doesn’t cause tangible damage. But, it must be | | | | Laws dealing with the subject there lays confusion as |
| made punishable as it would fall under the ambit of | | | | to their applicability, and none of the Law deals with the |
| ‘unauthorised access’ though doesn’t cause | | | | subject specifically in toto. To end the confusion in |
| any damage. Harmless viruses would also fall under | | | | applicability of Legislation picking from various laws to |
| the expression used in the provision “to unsurp the | | | | tackle the problem, i would suggest unification of laws |
| normal operation of the computer, system or | | | | by taking all the internet laws to arrive at Code which |
| network”. This ambiguity needs reconsideration. | | | | is efficient enough to deal with all the problems related |
| B) Phishing: By using e-mail messages which | | | | to internet crimes. Although these legislations talk about |
| completely resembles the original mail messages of | | | | the problem but they don’t provide an end to it. |
| customers, hackers can ask for verification of certain | | | | There’s need for a one Cyber legislation which is |
| information, like account numbers or passwords etc. | | | | co-ordinated to look after cyber crimes in all |
| here customer might not have knowledge that the | | | | respects.With passage of time and betterment of |
| e-mail messages are deceiving and would fail to | | | | technology in the present date, has also resulted in |
| identify the originality of the messages, this results in | | | | numerous number of Information technology related |
| huge financial loss when the hackers use that | | | | crimes therefore changes are suggested to combat |
| information for fraudulent acts like withdrawing money | | | | the problem equally fast. |
| from customers account without him having | | | | Crucial aspect of problem faced in combating crime is |
| knowledge of it | | | | that, most of the countries lack enforcement agencies |
| C) Spoofing: This is carried on by use of deceiving | | | | to combat crime relating to internet and bring some |
| Websites or e-mails. These sources mimic the original | | | | level of confidence in users. Present law lacks teeth to |
| websites so well by use of logos, names, graphics and | | | | deter the terrorist groups for committing cyber crimes |
| even the code of real bank’s site. | | | | if you see the punishment provides by the Act it’s |
| D) Phone Phishing: Is done by use of in-voice | | | | almost ineffective, inefficient and only provides |
| messages by the hackers where the customers are | | | | punishment of 3 years at the maximum. Harsher laws |
| asked to reveal their account identification, and | | | | are required at this alarming situation to deal with |
| passwords to file a complaint for any problems | | | | criminals posing threat to security of funds, information, |
| regarding their accounts with banks etc. | | | | destruction of computer systems etc.Data protection, |
| E) Internet Pharming: Hacker here aims at redirecting | | | | by promotion of general principles of good information |
| the website used by the customer to another bogus | | | | practice with an independent supervisory regime, |
| website by hijacking the victim’s DNS server (they | | | | would enable the law to maintain sufficient flexibility to |
| are computers responsible for resolving internet names | | | | achieve an appropriate balance between the need to |
| into real addresses - “signposts of internet), and | | | | protect the rights of the individuals and to have a |
| changing his I.P address to fake website by | | | | control over the way their personal information have |
| manipulating DNS server. This redirects user’s | | | | been used would be helpful in this increasingly |
| original website to a false misleading website to gain | | | | networked economy. Just having two provisions in the |
| unauthorised information. | | | | Information Technology Act, 2000 for protection of |
| F) Risk Posed On Banks And Other Institutions: Wire | | | | data without any proper mechanism for to tackle the |
| transfer is the way of transferring money from one | | | | crime makes their mention in the Act redundant. |
| account another or transferring cash at cash office. | | | | Information Technology Act is applicable to all the |
| This is most convenient way of transfer of cash by | | | | persons irrespective of their nationalities (i.e. to |
| customers and money laundering by cyber terrorists. | | | | non-citizens also) who commits offence under the |
| There are many guidelines issued by Reserve Bank of | | | | Information Technology Act outside India, provided the |
| India (RBI) in this regard, one of which is KYC (Know | | | | act or conduct constituting the offence or |
| Your Customer) norms of 2002. Main objective of | | | | contravention involves computer, computer systems, |
| which is to: | | | | or computer networks located in India under Section 1 |
| 1) Ensure appropriate customer identification, and | | | | and Section 75 of the Information Technology Act, but |
| 2) Monitor the transaction of suspicious nature and | | | | this provision lacks practical value until and unless the |
| report it to appropriate authority every day bases. | | | | person can be extradited to India. Therefore it’s |
| G) Publishing Pornographic Material In Electronic Form: | | | | advised that we should have Extradition treaties |
| Section 67 of the Information Technology Act, 2000 in | | | | among countries. To make such provisions workable. |
| parallel to Section 292 of Indian Penal Code, 1860 | | | | It’s like ‘eye for an eye’ kind of situation |
| makes publication and transmission of any material in | | | | where the technology can be curbed only by an |
| electronic that’s lascivious or appeals to the prurient | | | | understanding of the technology taken over by cyber |
| interest a crime, and punishable with imprisonment | | | | terrorists. Even if the technology is made better |
| which may extend to 5 years and fine of 1 lakh rupees | | | | enough to curb the computer related crime there is no |
| and subsequent offence with an imprisonment | | | | guarantee if that would stay out of reach of cyber |
| extending to 10 years and fine of 2 lakhs. | | | | terrorists. Therefore Nations need to update the Law |
| Various tests were laid down gradually in course of | | | | whether by amendments or by adopting sui generic |
| time to determine the actual crime in case of obscene | | | | system. Though Judiciary continues to comprehend the |
| material published in electronic form on net. Hicklin test | | | | nature of computer related crimes there is a strong |
| was adopted in America in the case of Regina v. | | | | need to have better law enforcement mechanism to |
| Hicklin wherein it was held that “if the material has | | | | make the system workable. |
| tendency is to deprive and corrupt those whose minds | | | | Referances. |
| are open to such immoral influences, and into whose | | | | Sankar Sen, ‘Human Rights & Law |
| hands a publication of this sort may fall”. In Indian | | | | Enforcement’, 1st ed., 2002, Concept Publishing Co., |
| scenario the case of Ranjeet D. Udeshi v. State of | | | | New Delhi. |
| Maharashtra the Supreme Court admitted that Indian | | | | Dr. Sub hash Chandra Gupta, ‘Information |
| Penal Code doesn’t define obscenity though it | | | | technology Act, 2000 and its Drawbacks’, National |
| provides punishment for publication of obscene matter. | | | | Conference on Cyber Laws & Legal Education, Dec. |
| There’s very thin line existing between a material | | | | 22-24th 2001, NALSAR, University of Law, Print House, |
| which could be called obscene and the one which is | | | | Hyderabad. |
| artistic. Court even stressed on need to maintain | | | | Dr. Farooq Ahmed, ‘Cyber Law in India (Laws on |
| balance between fundamental right of freedom of | | | | Internet)’, Pioneer Books, Delhi. |
| speech and expression and public decency and | | | | 1992 U.S. App. LEXIS 9562 (4th May 4, 1992) |
| morality. If matter is likely to deprave and corrupt those | | | | Dr. Farooq Ahmed, ‘Cyber Law in India (Laws on |
| minds which are open to influence to whim the material | | | | Internet)’, Pioneer Books, Delhi. |
| is likely to fall. Where both obscenity and artistic matter | | | | R v. Sean Cropp, Snearesbrook Crown Court, 4th July |
| is so mixed up that obscenity falls into shadow as its | | | | 1991. (303) |
| insignificant then obscenity may be overlooked. | | | | B.R Suri & T.N Chhabra, ‘Cyber Crime’, 1st ed., |
| In the case of Miller v. California it was held that local | | | | 2002, Pentagon Press, Delhi. |
| community standard must be applied at the time of | | | | Dr. Farooq Ahmed, ‘Cyber Law in India (Laws on |
| determination of the offence. As it can traverse in | | | | Internet)’, Pioneer Books, Delhi. |
| many jurisdictions and can be accessed in any part of | | | | Rupam Banerjee, ‘The Dark world of Cyber |
| the globe. So wherever the material can be accessed | | | | Crime’, July 7, 2006 can be viewed at |
| the community standards of that country would be | | | | Prof. Unni, ‘Legal Regulations on Internet |
| applicable to determine the offence of publication of | | | | Banking’, 2007, NALSAR University of Law, |
| obscene material posted in electronic form. Though | | | | Hyderabad. |
| knowledge of obscenity under Information Technology | | | | “Anusuya Sadhu”, “The Menace of Cyber |
| Act 2000 and Indian Penal Code may be taken as | | | | Crime”, can be viewed at |
| mitigating factor but doesn’t take the case out of | | | | 3 L.R.Q.B. 360, 371 (Q.B. 1868). |
| the provision. | | | | AIR 1965 SC 881. |
| Section 72 of Information Technology Act, 2000 | | | | 413 U.S 15.24 (1973) |
| provides punishment for an unauthorised access or, | | | | Dr. Farooq Ahmed, ‘Cyber Law in India (Laws on |
| disclosure of that information to third person punishable | | | | Internet)’, Pioneer Books, Delhi. |
| with an imprisonment upto 2 years or fine which may | | | | B.R Suri & T.N Chhabra, ‘Cyber Crime’, 1st ed., |
| extend to 1 lakh rupees or with both. English courts | | | | 2002, Pentagon Press, Delhi. |
| have also dealt with an issue as to what activities | | | | [1997] 2 All ER 548 |
| would constitute crime under existing legislation, in the | | | | Justice S.B. Sinha, ‘Cyber Crime in the Information |
| case of R. v. Fellows and Arnold it was held that the | | | | Age’, National Conference on Cyber Laws & Legal |
| legislation before the 1994 amendment would also | | | | Education, Dec. 22-24th 2001, NALSAR, University of |
| enable computer data to be considered a ‘copy of | | | | Law, Print House, Hyderabad. |
| an indecent photograph’ and making images | | | | Prof. V.K Unni, ‘Legal strategies for a Robust I.T |
| available for downloading from the website would | | | | Infrastructure’, 2007, NALSAR University of Law |
| constitute material being ‘distributed or shown’. | | | | Hyderabad. |
| Statute is wide enough to deal with the use of | | | | Dr. Farooq Ahmed, ‘Cyber Law in India (Laws on |
| computer technology. | | | | Internet)’, Pioneer Books, Delhi. |
| (H) Investment Newsletter: We usually get newsletter | | | | Sanker Sen, ‘Human Rights & Law |
| providing us free information recommending that | | | | Enforcement’, 1st ed., 2002, Concept Publications, |
| investment in which field would be profitable. These | | | | New Delhi. |
| may sometimes be a fraud and may cause us huge | | | | Dr. Farooq Ahmed, ‘Cyber Law in India (Laws on |
| loss if relied upon. False information can be spread by | | | | Internet)’, Pioneer Books, Delhi. |
| this method about any company and can cause huge | | | | Ajmal Eddappagath, ‘Cyber Laws and |
| inconvenience or loss through junk mails online. | | | | Enforcement’ |
| (I) Credit Card Fraud: Huge loss may cause to the | | | | Can be viewed at |
| victim due to this kind of fraud. This is done by | | | | Dr. Subhash Chandra Gupta - Information Technology |
| publishing false digital signatures. Most of the people | | | | Act, 2000 and its drawbacks, ‘National Conference |
| lose credit cards on the way of delivery to the | | | | on Cyber Laws & Legal Education’, Dec. 22-24th |
| recipient or its damaged or defective, misrepresented | | | | 2001, NALSAR, University of Law, Print House, |
| etc. | | | | Hyderabad. |
| 4. Measures To Curb The Crime.Though by passage | | | | C. Suman and Duvva Pavan Kumar, ‘Data |
| of time and improvement in technology to provide | | | | Protection - An overview’, National Conference on |
| easier and user friendly methods to the consumer for | | | | Cyber Laws & Legal Education, Dec. 22-24th 2001, |
| make up their daily activities, it has lead to harsh world | | | | NALSAR, University of Law, Print House, Hyderabad. |
| of security threats at the same time by agencies like | | | | Cris Reed and John Angel, ‘Computer Law’, 5th |
| hackers, crackers etc. various Information technology | | | | ed., 2003, Oxford University Press Inc., New York. |
| methods have been introduced to curb such | | | | S.K Verma and Raman Mittal, ‘Legal Dimensions of |
| destructive activities to achieve the main objects of | | | | Cyber Space, 2004, Indian Law Institute, New Delhi. |