Laws On Cyber Crimes: Alongwith IT Act and Relevant Rules

490 Pages·2007·15.76 MB·English

by  P.K. Singh

Laws on Cyber Crimes
[Alongwith IT Act and Relevant Rules]
Dr. Pramod Kr. Singh
Book Enclave
Ja i pur India
Note: (1) No part of this book can be reproduced or copied in any form.
(2) All possible care has been taken while preparing and publishing
this book and the author, publisher and printer shall not be
responsible at all for any kind of error or omission found, if
any, in this book. Readers must cross-check from original
Government notification and other materials.
First Published: 2007
ISBN: 81-8152-163-3
© Reserved
PlIblished by
Book Enclave
Jain Bhawan, Opp. N.E.I., Shanti Nagar, Jaipur - 302006 Tel. [phone]
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Contents
1. Information Technology and Cyber Crimes:
An Introduction 3
2. Information Technology: Definition,
Dimensions and Influence on Lives 18
3. Regulatory Perspectives and Technology 30
4. Technology and Forms of Cyber Crimes 40
5. Computer Crimes and Cyber Crimes:
A Criminological Analysis 64
6. Cyber Crimes and Global Response 77
7. Cyber Crimes and Indian Response 96
8. Mens Rea and Criminal Liability 115
9. Investigation in Cyber Crimes:
Implications and Challenges 130
10. Cyber Crimes : Discovery and
Appreciation of Evidences 159
11. Prevention of Cyber Crimes:
National and International Endeavours 177
12. Human Rights Perspectives in Cyber Crimes 207
13. Cyber Crimes: Precaution and Prevention 217

Part-J

1
Information Technology and
Cyber Crimes : An
Introduction
Synopsis
1.1. Information Technology: An Introductory note
• Cyber Space
• IT Evolution in India
• Common Cyber Crimes
1.2. Cyber Crimes: Glimpses
1.3. Cyber Crimes : Definition and Scope
1.4. Nature and Extent of Cyber Crime
1.5. Cyber Crimes : Know no Boundaries
1.6. Rapid Transmission and Accuracy
1.7. Diversity and Span of Victimisation
1.B. Cyber World: Laws Lags behind Techl1ologtj
1.9. Inadequacy of Law
1.10. Influence Teenagers: Views and Counter-views
011
1.1. Information Technology: An Introductory note
Crime is not a single phenomenon that can be examined,
analysed and described in one piece. It occurs in every part of the
country and in every stratum of society. The offenders and its
victims are people of all ages, income and backgrounds. Its trend
4 Laws on Cyber Crimes
are difficult to ascertain. Its causes are legion. Its cures are
speculative and controversial. Computer related crimes, popularly
called as Cyber Crimes, are most latest among all the crimes .
• Cyber Space
William Gibson in the science fiction ("Neuromancer") coined
the word "Cyber space" in 1984. Basically it denotes the virtual
location within which electronic activities takes place. Cyber space
is a borderless environment. It has no territorial based boundaries.
The internet address has no relation to the physical location of
computers and individuals accessing them thus render
geographical borders of nations meaningless. The geographical
boundaries of nations and the electronic frontiers do not have
any co-relationship. Since nations assert authority or the basis of
territorial nexus over individual, events and happenings occurring
within its jurisdiction, when territorial borders lose their meaning,
well settled principle of international law is threatened. Cyber
space, thus, challenges the well-established principle of
international law that control over physical space and people is
an attribute of sovereign and statehood .
• IT Evolutioll ill India
Information Technology is one of the fastest growing
technologies in the world. Rapid transformations are taking place
from a system of control for liberalisation and globalisation of
information technology. The information is being recognised as
a source for the development of countries. Government of India
has taken various initiatives and measures for introducing
appropriate automation to increase productivity and for the
production of quality products and services. The availability of
trained personnel is a plus factor. The timely availability of
accurate, reliable and consistent information on various accounts
is an essential factor for the government, corporate or industrial
sectors. Indian organisations are gearing up to meet the challenge
of managing the changed environment. For this, system and
technology have to integrate with the organisation to provide
qualitative information available at appropriate levels and
appropriate time for decision-making. Information technology
plays a major role in this through collection, organisation, storage
and dissemination of information not only at the place of
origin but also at various other appropriate locations by using
Information Technology and Cyber Crimes 5
appropriate communication infrastructure. The Internet, in simple
terminology, means an international networks of computers of
various types ragging from notebook computers to show computers
connecting 2 million computers of 13,300 networks providing
service to over 50 million users worldwide. This is also known
as the 'World Wide Web' or information superhighway. Each
individual network within the internet is also called a 'Website' .
• Common Cyber Crimes
Hacking, cracking, sending obscene e-mail, tampering of
source codes, e-mail abuse, e-mail spoofing, e-mail threat, sending
obscene SMS, post defamatory profile on net, mishandling of
copy right acts, cyber stalking, identity drift, phreaking, carding,
etc., are the crime most likely in the world.
Cracking: A person can delete files or put a virus up or sell
information or steal some source codes and could use it for his
own benefit. He can also perform a denial of service attack and
cause the computer to stop working.
E-mail Spoofing: A spoofed e-mail is one that appears to
originate from one source but actually has been sent from another
source. E-mail spoofing can also cause monetary damages.
Cyber Stalkillg: It involves repeated threats and harassment
of a victim through e-mail, chat message or web pages.
Phreaki1lg: Covers a wide variety of activities concerning the
abuse of the telephone networks.
Carding: The term can be used for involving the illegal use
of any type of credit case.
1.2. Cyber Crimes: Glimpses
The cyber crimes may be of various types affecting privacy,
person, state, prestige, property, nation etc. at different levels.
These are some of the burgeoning incidents of cyber crimes in our
country:
• A Delhi based girl, Ritu Kohli, becomes the victim of first
ever case of cyber stalking reported in India. The accused
was booked under the relatively innocuous section 509 of
the Indian Penal Code.! The accused is abroad based.
• A Delhi school boy photographed a fellow girl student
with his camera cell phone and then sent the pictures as
an MMS to other studenb.c