ONLINE BOOK A Brief Introduction On Cyber Crime Cases Under Information Technology Act Extra Quality
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This Handbook will serve as a reference point for cyber crime cases in Indian Context under the Information Technology Act & The Information Technology Amendment Act, 2008. Real Life cyber Cases with the applicable cyber law is presented in this book in a simple language. It will be a reference manual for anyone who wants to learn and understand law governing cyberspace in India. On an average a cyber law course will cost you about US Dollars 400. This book covers about 101 real cyber crime case study along with brief illustration and explanation of every section under the relevant Indian Law.
Developments in technology have also created a new landscape for controlling, sexually-motivated or other forms of interpersonal relationship offending. Disclosing private sexual images without consent, cyber stalking and harassment, and coercive and controlling behaviour crimes are predominately but not exclusively perpetrated against women and girls, with online activity being used to humiliate, control and threaten as well plan and orchestrate acts of violence.
Such crimes are often part of a wider pattern of behaviour and incidents should be viewed within this wider context which can encapsulate both online and offline activity, including physical abuse. All VAWG related charging decisions should consider the context of the crime including the potential use of social media to exert power and control. For example, in cases of 'honour' based violence and forced marriage, threats to post personal information on social media can be used to bring shame on victims in order to silence and coerce.
Similarly, any such act taking place on the cyber space leads to cyber defamation or online defamation. Cyber defamation occurs when a computer connected to the internet is used as a tool, or a medium to defame a person or an entity. For example: Publishing of a defamatory statement against a person on a social networking site such as Facebook, Twitter, etc., or sending of emails containing defamatory content about a person with the intention to defame him / her. Further, given the broad coverage of internet and the rate of dissemination of information on this platform, it is difficult to ascertain the extent of damage in any monetary value.
To many of us, cyberspace is the virtual world we experience when we go online to communicate, work and conduct everyday tasks. In technical terms, cyberspace is the interdependent network of information technology that includes the internet, telecommunications networks, computer systems and internet-connected devices. For the military, and when considering our efforts to counter threats in cyberspace, it is an operational domain, along with land, sea, air and space.
The threats we face in and through cyberspace have grown in intensity, complexity and severity in recent years. Cyber attacks against the UK are conducted by an expanding range of state actors, criminal groups (sometimes acting at the direction of states or with their implicit approval) and activists for the purpose of espionage, commercial gain, sabotage and disinformation. Such attacks cause significant financial loss, intellectual property theft, psychological distress, disruption to services and assets and risks to our critical national infrastructure, democratic institutions and media. They can also damage investor and consumer confidence and amplify existing inequalities and harms. During the COVID-19 pandemic the shadow pandemic of gender-based violence was compounded by online attacks. Ransomware attacks continue to become more sophisticated and damaging. While the overall level of cyber threat from hostile actors during the COVID-19 pandemic has remained constant, they have exploited it as an opportunity and shifted their cyber operations to steal vaccine and medical research, and to undermine other nations already hampered by the crisis. The growing dependence on digital technologies for remote working and online transactions has also increased exposure to risks. Alongside this, digital divides have also created uneven access to online services and exposed people to online abuse and harms due to limited digital literacy and awareness of the cyber security measures we can all take to stay secure online.[footnote 12]
The UK government is uniquely positioned to bring together the intelligence necessary to understand the most sophisticated threats, make and enforce the law, set national standards, and counter threats from hostile actors including conducting offensive cyber operations. Through this strategy we will invest in strengthening our national cyber capabilities. Government departments and public sector bodies are also responsible for protecting their own networks and systems. As the holder of significant data and a provider of services, the government takes stringent measures to provide safeguards for its information assets. Lastly, the government also has an important responsibility to advise and inform citizens, businesses and organisations what they need to do to protect themselves online. Where necessary this includes setting the standards we expect key companies and organisations to meet in order to protect all of us.
The nature of the threat we face is complex. We are concerned about threats in cyberspace (for example to our online activities), threats to the UK and partners through cyberspace (for example to networked UK critical national infrastructure), and threats to the functioning of underpinning international cyber infrastructure. All of these threats can impact the availability of services that people rely on, or the confidentiality or integrity of data and information that passes through those systems. The foundations of our approach to countering the threat are in promoting cyber resilience as outlined earlier in this document. This chapter focuses on how we will raise the costs and risks of attacking the UK in cyberspace and ensure we achieve our full potential as a cyber power.
For citizens, cyber crimes often manifest in the further crimes they enable and facilitate. Unauthorised computer access can lead to a wide range of frauds, theft, sextortion, and in some cases facilitate stalking, domestic abuse and harassment. All of these crimes cause significant harm to UK citizens on a daily basis, destroying businesses and ruining lives. Cyber crimes are therefore distinct and different from wider online safety issues such as bullying and harassment, hate speech, the spreading of disinformation, promotion of gang culture and violence, or underage access to pornography. The government is addressing these issues through the online harms white paper and draft online safety bill.
The term "cyber-crimes" is not defined in any statuteor rulebook. The word "cyber" is slang for anythingrelating to computers, information technology, internet and virtualreality. Therefore, it stands to reason that"cyber-crimes" are offences relating to computers,information technology, internet and virtual reality.
Offences under sections 463 and 465 (forgery), sections425 and 426 (mischief), section 468 (forgery for thepurpose of cheating), section 469 (forgery for the purposeof harming reputation) and section 292 (sale, etc., ofobscene books, etc.) of the IPC are non-compoundable offenceswhile offences under sections 378 and 379 (theft), 420(cheating and dishonestly inducing delivery of property),sections 425 and 426 (mischief when the only loss or damagecaused is loss or damage to a private person), section 509(word, gesture or act intended to insult the modesty of awoman), section 411 (Dishonestly receiving stolenproperty) and section 419 (Punishment for cheating bypersonation) of the IPC are compoundable offences. Of these,offences under sections 420 and 509 can be compounded only with thepermission of the court. Most of the cyber crimes under the IPC arecognizable other than the offences under sections 425 and 426(mischief) and sections 463 and 465 (forgery)which are non-cognizable.
The sum and substance of the Supreme Court's ruling in theSharat Babu Digumarti case is that no individual may becharged under the IPC for an offence arising out of certain acts oromissions if the IT Act could also be applied to the same acts oromissions. Though we are in full agreement with the SupremeCourt's ruling, it is our contention that all cyber offencesought to be housed in the IPC and not in the IT Act. The"cyber" component of an offence is not sufficient reasonfor differential treatment of sub-categories of the offence. Eventhough the supreme court's ruling in the Sharat BabuDigumarti case has ensured that no individual may be chargedunder the IPC for an offence arising out of certain acts oromissions if the IT Act could also be applied to the same acts oromissions, it is a fact that offences such as theft and obscenitywill be punished differently if they involve a 'cyber'element. Currently, an individual who distributes a hard copy bookcontaining obscene materials will be punished under the IPC whilstan individual who distributes obscene materials through theinternet will be punished under the IT Act, though the underlyingoffence is the same. A person who steals a car will be punishedunder the IPC whilst an individual who indulges in theft of onlinedata will be punished under the IT Act.
Technology-as-target and technology-as-instrument cybercrimes should not be interpreted as mutually exclusive. In many cases, the more technically advanced forms of cybercrime (hacking into a computer to steal personal data or remotely using keystroke loggers to capture financial credentials) may be instrumental in furthering the reach of more traditional criminal offences (using the same personal or financial data to facilitate mass-marketing fraud or extortion). These definitions will be elaborated below through recent examples of investigations and enforcement actions.
Technology-as-target cybercrimes are considered to be 'pure' forms of cybercrime as they did not exist prior to the advent of the Internet and related technologies. These crimes apply to Canada's Criminal Code offences involving the unauthorized use of computers and mischief in relation to data. They center on exploiting software or other information technology vulnerabilities for criminal purposes. Criminals find ways to compromise these technologies and obtain, alter or outright destroy personal or sensitive information, or remotely access and infiltrate computers, system networks or mobile devices for a variety of illegal activities. 2b1af7f3a8