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Written By: Paridhi Agarwal
New technologies open up new criminal possibilities, but they don't necessarily lead to new forms of crime. What sets cybercrime apart from other forms of illegal activity? The use of a digital device is obviously one difference, but technology alone is inadequate to distinguish between various types of criminal activity.
To commit fraud, traffic in child pornography and intellectual property, steal an identity or breach someone's privacy, criminals do not need the use of a device. Many of these practices occurred until the term "cyber" became widely used. Cybercrime, particularly when it involves the Internet, is a continuation of ongoing criminal behaviour as well as some new illegal activities.
The majority of cybercrime targets personal, corporate, or government information. While the attacks do not target a physical body, they do target a person's or company's virtual body, which is a collection of informational characteristics that characterise individuals and organisations on the Internet.
In the digital era, our virtual identities are vital elements of daily life: we are a set of numbers and identifiers stored in various government and corporate computer databases. Cybercrime emphasises the importance of networked machines in our lives, as well as the vulnerability of apparently indestructible facts like individual identity.
When the Internet was first created, the founders of the Internet had no idea that it would grow into an all-encompassing revolution that could be used for illegal purposes and would require regulation. There are a lot of troubling things going on in cyberspace these days. Because of the Internet's anonymous nature, it is possible to indulge in a wide range of illegal activities with impunity, and people with intelligence have been grossly misusing this part of the Internet to continue criminal activities in cyberspace.
Again, due to the increase in e-commerce, General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law. In order to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records, govt. of India enacted The Information Technology Act, 2000.
Cybercrimes that everyone using the internet must be aware of
The Information Technology Act, 2000, was enacted 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, the Indian Evidence Act, 1872, the Banker’s Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. It also restricts certain practices that violate an Internet user's rights. It declares certain acts as offences and provides for punishment thereof. Here is a snapshot of the offences enumerated under the IT Act, 2000.
Section 65. Tampering with computer source documents, when the computer source code is required to be kept or maintained by law for the time being in force.
Punishment: imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
Section 66. A person dishonestly or fraudulently committing acts enumerated in sec. 43 of IT Act is also liable for punishments.
Such acts are:
1. Unauthorised access of computers or network
2. Unauthorised downloading or copying of data
3. Introduction of computer virus
4. Damages to computers or network
5. Disruption of computers or network
6. Denial of access to computers or network
7. Providing assistance to access computers or network in contravention of provisions of IT Act
8. Charging services availed to account of a person not using them
9. Destruction, deletion or alteration of information so as to diminish its value or utility
10. Stealing, concealing, destruction or alteration of computer source code.
Punishment: imprisonment up to three years, or with fine which may extend up to five lakh rupees, or with both.
Section 66A. Sending offensive messages through communication service, etc
Punishment: Imprisonment for a term which may extend to three years and with fine.
Section 66B. Dishonestly receiving stolen computer resource or communication device.
Punishment: Imprisonment up to three years or with fine which may extend to rupees one lakh or with both.
Section 66C. Identity theft.– fraudulently or dishonestly making use of the electronic signature, password or any other unique identification feature of any other person.
Punishment: Imprisonment up to three years and shall also be liable to fine which may extend to rupees one lakh.
Section 66D. Cheating by personation by using computer resource.
Punishment: Imprisonment up to three years and shall also be liable to fine which may extend to one lakh rupees.
Section 66E. Violation of privacy.– intentionally or knowingly capturing, publishing or transmitting the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person.
Punishment: Imprisonment up to three years or with a fine not exceeding two lakh rupees, or with both.
Section 66F. Cyber terrorism.–Denial of access, penetration in-network or computer contamination etc. with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people.
Punishment: Imprisonment which may extend to imprisonment for life
Section 67. Publishing or transmitting obscene material in electronic form.
Punishment: Imprisonment up to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction;
Imprisonment up to five years and also with fine which may extend to ten lakh rupees.
Section 67A. Publishing or transmitting of material containing the sexually explicit act, etc., in electronic form.
Punishment: Imprisonment up to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction;
Imprisonment up to seven years and also with fine which may extend to ten lakh rupees.
Section 67B. Publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.
Punishment: Imprisonment up to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction;
Imprisonment up to seven years and also with fine which may extend to ten lakh rupees.
Section 67C. Contravention of duties related to Preservation and retention of information by intermediaries.
Punishment: Imprisonment up to three years and also be liable to fine.
Section 68. Failure by certifying authority to comply with directions of Controller.
Punishment: Imprisonment up to two years or a fine not exceeding one lakh rupees or with both.
Section 69. Failure to comply with directions of authorised agencies for interception or monitoring or decryption of any information through any computer resource by the subscriber or intermediary or any person in-charge of the computer resource.
Punishment: Imprisonment up to seven years and shall also be liable to fine.
Section 69 A. Failure by intermediaries to comply with directions of authorised agencies for blocking for public access of any information through any computer resource.
Punishment: Imprisonment up to seven years and also be liable to fine.
Section 69B. Failure by intermediaries to provide assistance to authorised agencies to monitor and collect traffic data or information through any computer resource for cybersecurity.
Punishment: Imprisonment up to three years and shall also be liable to fine.
Section 70. Unauthorised access to a Protected system.
Punishment: Imprisonment up to ten years and shall also be liable to fine.
Section 70B. Failure to provide the information called for or complying with the direction of Indian Computer Emergency Response Team by the service provider, intermediaries, data centres, body corporate or a person.
Punishment: Imprisonment up to one year or with fine which may extend to one lakh rupees or with both.
Section 71. Misrepresentation to the Controller or the Certifying Authority for obtaining any licence or electronic signature certificate.
Punishment: Imprisonment up to two years, or with fine which may extend to one lakh rupees, or with both.
Section 72. Breach of confidentiality and privacy by persons who have gained access to information as per provision of this IT Act and rules thereunder.
Punishment: Imprisonment up to two years, or with fine which may extend to one lakh rupees, or with both.
Section 72A. Disclosure of information in breach of lawful contract by any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain.
Punishment: Imprisonment up to three years, or with fine which may extend to five lakh rupees, or with both.
Section73. Publishing electronic signature certificate false in certain particulars.
Punishment: Imprisonment up to two years, or with fine which may extend to one lakh rupees, or with both.
Section 74. Publication of electronic signature certificate for a fraudulent purpose.
Punishment: Imprisonment up to two years, or with fine which may extend to one lakh rupees, or with both.
Section 77B. Offences with three years imprisonment have been made bailable.
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