What is a crime and how is it associated with Cybersecurity and Information Technology?
Crime is both a social and economical phenomenon. The development in the nation led to the development of the technology this caused huge penetration of the technology in every field from corporate governance to state administration and businesses, schools, medical fields, etc. Due to the rapid increase in advancement, most things became digitized so that it can be secured from physical crimes.
In Fact, we can also accept that for some time period it might have been successful in securing the assets. But we humans are very curious and most intelligent species if one can secure it is also possible to penetrate. Considering the fact that if someone attempts to rob a shop or gets caught he was handed over to prison or given punishment.“
The offense cause by the combination of computer and technology is define as a cybercrime. Also, the fact that Cybercrime is not define in the Information technology act 2000 nor in the IT amendment act 2008 nor in any of the legislation in India.
When did Laws Against Cyber Crimes come into force?
The United Nations Commission On International Trade Law (UNCITRAL) adopted a model law on e-commerce in 1996.
The General Assembly of the United Nation passed a resolution in 1997.
It’s against this background the government of India enact its Information Technology act 2000.
“Law seems to be boring but it is also a legal weapon against crime every individual can possess.”
The Information Technology act 2000 was pass as act no. 21 of 2000, got the president’s assent on 9 June, and was make effective from 17 October 2000.
Amendment Act 2008 was the first legislation in the nation on technology.
It was pass by the end of 2008 but got President’s assent on 5 Feb 2009 and was effective from 27 October 2009.
Applicability
Digital Signature: what are Digital signatures?
Basically when we hear the word “Digital signatures” we might think of using our Physical Signatures (which are use for authentication) in a digital form but when it comes to cybersecurity and Information security the Digital signature are “the process of authentication of the message” using the procedure laid down in the section 3 Act.
It was define in ITAA-2008 also in ITA-2000 cover in detail about digital signatures. Section 3 discusses the use of asymmetric cryptosystems and the hash function generating a pair of public key Infrastructure and hash function etc.
“NOW IT’S TIME TO STEAL ALL YOUR DATA”
Data theft is just like a physical theft (eg: like stealing goods.), one copies or downloads the information stored in corporate databases, servers without authorized access.
Section 43
Section 43 deals with the penalties and compensation for damage to computers and computer systems etc. It says “If any person without the permission of the owner or any other person in charge of a computer, accesses or downloads, copies or extracts any data or introduces any computer contaminant like a virus, spyware, etc or disrupts any services or denies access to any of the computer to an authorized user or tampers any of the data he stable liable to pay damages to the person so affected.
According to ITA-2000, the maximum damage under this head is 1 crore but it was remove in ITA-2008.
Criminality in the theft, like damaging the system with a virus, trojans, or any other malware in a computer network or causing Denial of Service attacks will come under section 65 and section 66. This section defines a computer virus, computer contaminant, database, and source code. Both section 65 and 66 states the punishment of imprisonment for 3 years or with a fine of 2 lakhs, maybe both.
therefore, Some interesting data theft cases to read:
- Bazee.com case (Employee’s liability in the organization) read more.
- Top 20 worst Data theft cases read more.
Now after the amendment the data theft is refer to as sec 66 and the word “Hacking” has been removed. The word Hacking was earlier refer’ crime’.
But later due to the ethical practice of hacking the section was rephrase by mapping it with civil liability of Section 43. However, the unethical act of Hacking is still a crime.
Laws Against Cyber Crimes THAT EVERY INDIVIDUAL MUST KNOW!
Section 66 is thus widen with the list of offense as follows:-
Online Communication
Section 66A: Sending Offensive messages through communication services, annoyance, misleading communication, causing hatred, danger, insulting, etc comes under this section. The punishment for these acts is imprisonment for 3 years.
Section 66B: Dishonesty, receiving stolen computer resources, communication devices shall be punished with imprisonment of 3 years or 1 lakh rupees as fine or both.
Section 66C: Electronic signature or identity theft. Punishment is 3 years of imprisonment or a fine of rupees one lakh or both.
Personation
Section 66D: Cheating by personation by using computer resources or communication device shall be punished by imprisonment of 3 years or fine up to 1 lakh rupees or both.
Cyber-terrorism
Intent to threaten the unity, integrity, security, or sovereignty of the nation, denying access to authorized personnel, attempt to penetrate or accessing computer resources without authorization.Act of causing computer contaminant, likely to cause injuries or death or destruction of property, etc. comes under this section. Punishment is Life imprisonment.
All acts under Section 66 are cognizable and non-bailable offenses.
CHILD PORNOGRAPHY
Section 67:child Pornography has been exclusively dealt with under Section 67B. it deals with transmitting material containing sexually explicit acts in electronic form.
Section 67B further deals with depicting children engaged in sexually explicit acts, creating text or digital images advertising or promoting such materials depicting children in an obscene or indecent manner or facilitating abusing children online or inducing children to online relationship with one or more children, etc come under this Section. ‘Children’ means one who under 18 years of age, for this purpose of the section.
Punishment for a first conviction is imprisonment for a maximum of 5 years and a fine of 10 lakh rupees and in event of subsequent conviction with imprisonment of seven years and a fine of 10 lakh rupees.
WHAT SHOULD BE DONE?
Crime based on electronic offenses are increasing drastically now lawmakers have to strengthen the Laws Against Cyber Crimes and must go the extra mile to keep the criminals at bay. Technology is always a double-edged sword, one can be used for both good or bad purposes. Knowing the laws makes a persistent effort to keep the fraudsters away and an effective move towards a crime-free society.
“Always use technology for growth in a legal and ethical way”
so, Please make sure to report Cybercrimes at https://www.in.gov/isp/2461.htm
For further Laws Against Cyber Crimes and updates refer to https://www.meity.gov.in/
Overview of changes in the ITAA-2000: https://www.naavi.org/cl_editorial_08/edit_dec_28_itaa_analysis_5_overview.htm
written by: Karthik Jogi
Reviewed By: Sayan Chatterjee
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