1. Cyber Crime
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CHAPTER 1
INTRODUCTION
The term “cyber-crime” is a misnomer. This term has nowhere been defined in any statute
/Act passed or enacted by the Indian Parliament. The concept of cyber-crime is not radically
different from the concept of conventional crime. Both include conduct whether act or
omission, which cause breach of rules of law and counterbalanced by the sanction of the
state. Before evaluating the concept of cyber-crime it is obvious that the concept of
conventional crime be discussed and the points of similarity and deviance between both these
forms may be discussed.
1.1 CONVENTIONAL CRIME
Crime is a social and economic phenomenon and is as old as the human society. Crime is a
legal concept and has the sanction of the law. Crime or an offence is “a legal wrong that can
be followed by criminal proceedings which may result into punishment”. The hallmark of
criminality is that, it is breach of the criminal law. Per Lord Atkin “the criminal quality of
an act cannot be discovered by reference to any standard but one: is the act prohibited with
penal consequences”. A crime may be said to be any conduct accompanied by act or
omission prohibited by law and consequential breach of which is visited by penal
consequences.
1.2 CYBER CRIME
Cyber-crime is the latest and perhaps the most complicated problem in the cyber world.
“Cyber-crime may be said to be those species, of which, genus is the conventional crime,
and where either the computer is an object or subject of the conduct constituting crime”.
“Any criminal activity that uses a computer either as an instrumentality, target or a means
for perpetuating further crimes comes within the ambit of cyber-crime”. A generalized
definition of cyber-crime may be “unlawful acts wherein the computer is either a tool or
target or both”. The computer may be used as a tool in the following kinds of activity
financial Crimes, sale of illegal articles, pornography, online gambling, intellectual property
crime, e-mail spoofing, forgery, cyber defamation, cyber stalking. The computer may
however be target for unlawful acts in the following cases- unauthorized access to computer/
computer system/ computer networks, theft of information contained in the electronic form,
e-mail bombing, data diddling, salami attacks, logic bombs, Trojan attacks, internet time
thefts, web jacking, theft of computer system, physically damaging the computer system.
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Fig1. Classification of cyber crime
Advancements in modern technology have helped countries develop and expand
their communication networks, enabling faster and easier networking and information
exchange.
Currently, there are nearly 2 billion internet users and over 5 billion mobile phone
connections worldwide. Every day, 294 billion emails and 5 billion phone messages are
exchanged. Most people around the world now depend on consistent access and accuracy of
these communication channels. The growing popularity and convenience of digital networks
However, come at a cost. As businesses and societies in general increasingly rely on
computers and internet-based networking, cyber-crime and digital attack incidents have
increased around the world. These attacks — generally classified as any crime that involves
the use of a computer network — include financial scams, computer hacking, downloading
pornographic images from the internet, virus attacks, e-mail stalking and creating websites
that promote racial hatred. The first major instance of cyber-crime was reported in 2000,
when a mass mailed computer virus affected nearly 45 million computer users worldwide.
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CHAPTER 2
LITERATURE SURVEY
Cyber-crime is a term used to broadly describe criminal activity in which computers
or computer networks are a tool, a target, or a place of criminal activity and include
everything from electronic cracking to denial of service attacks. It is also used to include
traditional crimes in which computers or networks are used to enable the illicit activity.
Cyber-crimes are technology based crimes and the computer or internet itself can be used as
a weapon or means to do such crimes quite freely. They are organized and white collar
crimes like cyber frauds, hacking, data theft, phishing, identity theft etc. Cyber-crimes are
committed with the help of technology and cyber criminals have deep understanding of
technology. In fact, cyber criminals are technocrats who understand the intricacies of
information technology. Cyber-crimes do not consider any boundaries or territorial barriers.
According to Information Technology Act, 2000 Cyber Crime is “the acts that are punishable
by the Information Technology Act". It is not exhaustive as the Indian Penal Code also
covers many cyber-crimes, such as email spoofing and cyber defamation, sending,
threatening emails.
Fig2. Increasing Cyber Crime among Various People
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Cyber-crime or computer crime is considered to be any crime that uses a computer
and a computer network (Matthews, 2010). A basic definition describes cybercrime as a
crime where computers have the possibility of playing an important part (Thomas and
Loader, 2000). The main factor in cyber-crime increase is the Internet. By use of Internet,
cybercriminals often appeal to images, codes or electronic communication in order to run
malicious activities. Among the most important types of Internet crimes we can mention:
identity theft, financial theft, espionage, pornography, or copyright infringement. The cyber-
crimes can be divided into two categories: the crimes where a computer network attacks
other computers networks – e.g. a code or a virus used to disable a system, and, the second
category, crimes where a computer network attacks a target population – e.g. identity theft,
fraud, intrusions (Svensson, 2011). Issues revolving around cyber-crime have become more
and more complex. Computer criminal activities have grown in importance and institutions
are more interested than ever in putting an end to these attacks. Progressions have been made
in the development of new malware software, which can easily detect criminal behavior
(Balkin et al., 2007). Moreover, high quality anti-virus systems are offered for free now in
many countries at every purchase of a computer or an operating system.
Based on the United Nations General Assembly resolution of January 30, 1997, the
Government of India passed the Information Technology Act 2000 (Act No.21 of 2000) and
notified it on October 17, 2000. The Information Technology Act, 2000, is the first step
taken by the Government of India towards promoting the growth of the E-commerce and it
was enacted with a view to provide legal recognition to e-commerce and e-transactions, to
facilitate e-governance and prevent computer-based crimes. It is a first historical step.
However, the rapid increase in the use of Internet has led to a spate in crime like child
pornography, cyber terrorism, publishing sexually explicit content in electronic form and
video voyeurism. The need for a comprehensive amendment was consistently felt and after
sufficient debate and much deliberation, the I.T. Amendment Act 2008 was passed. The
ITAA 2008 got the President’s assent in February 2009 and was notified with effect from
27.10.2009. The new IT Amendment Act 2008 has brought a large number of cyber-crimes
under the ambit of the law. Some of the significant points in the Amendment Act include
introduction of corporate responsibility for data protection with the concept of ‘reasonable
security practices’ (Sec.43A), recognition of Computer Emergency Response Team – India
(CERT-In) as the national nodal agency empowered to monitor and even block web-sites
under specific circumstances, introduction of technological neutrality replacing digital
signatures with electronic signatures etc. Besides, the CERT-In will also assist members of
the Indian Community in implementing proactive measures to reduce the risks of computer
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security incidents. The IT Act provides legal recognition for transactions carried out by
means of electronic data interchange, and other means of electronic communication,
commonly referred to as "electronic commerce", involving the use of alternatives to paper-
based methods of communication and storage of information. The IT Act facilitates
electronic filing of documents with the Government agencies.
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CHAPTER 3
EXISTING SYSTEM
3.1 CYBER LAWS
In the era of cyber world as the usage of computers became more popular, there was
expansion in the growth of technology as well, and the term ‘Cyber’ became more familiar
to the people. The evolution of Information Technology (IT) gave birth to the cyber space
wherein internet provides equal opportunities to all the people to access any information,
data storage, analyze etc. with the use of high technology. Due to increase in the number of
netizens, misuse of technology in the cyberspace was clutching up which gave birth to cyber-
crimes at the domestic and international level as well. Though the word Crime carries its
general meaning as “a legal wrong that can be followed by criminal proceedings which may
result into punishment” whereas Cyber Crime may be “unlawful acts wherein the computer
is either a tool or target or both”.
The world 1st computer specific law was enacted in the year 1970 by the German
State of Hesse in the form of ‘Data Protection Act, 1970’ with the advancement of cyber
technology. With the emergence of technology the misuse of technology has also expanded
to its optimum level and then there arises a need of strict statutory laws to regulate the
criminal activities in the cyber world and to protect technological advancement system. It is
under these circumstances Indian parliament passed its “INFORMATION
TECHNOLOGY ACT, 2000” on 17th oct to have its exhaustive law to deal with the
technology in the field of e-commerce, e-governance, e-banking as well as penalties and
punishments in the field of cyber-crimes.
3.2 SECURITY MEASURES
A state of computer "security" is the conceptual ideal, attained by the use of the three
processes: threat prevention, detection, and response. These processes are based on various
policies and system components, which include the following:
User account access controls and cryptography can protect systems files and data,
respectively.
Firewalls are by far the most common prevention systems from a network security
perspective as they can (if properly configured) shield access to internal network
services, and block certain kinds of attacks through packet filtering. Firewalls can be
both hardware- or software-based.
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Intrusion Detection System (IDS) products are designed to detect network attacks in-
progress and assist in post-attack forensics, while audit trails and logs serve a similar
function for individual systems.
"Response" is necessarily defined by the assessed security requirements of an individual
system and may cover the range from simple upgrade of protections to notification
of legal authorities, counter-attacks, and the like. In some special cases, a complete
destruction of the compromised system is favored, as it may happen that not all the
compromised resources are detected.
Today, computer security comprises mainly "preventive" measures, like firewalls or an exit
procedure. A firewall can be defined as a way of filtering network data between a host or a
network and another network, such as the Internet, and can be implemented as software
running on the machine, hooking into the network stack (or, in the case of most UNIX-based
operating systems such as Linux, built into the operating system kernel) to provide real time
filtering and blocking. Another implementation is a so-called physical firewall which
consists of a separate machine filtering network traffic. Firewalls are common amongst
machines that are permanently connected to the Internet.
However, relatively few organizations maintain computer systems with effective detection
systems, and fewer still have organized response mechanisms in place. As a result, Reuters
points out: "Companies for the first time report they are losing more through electronic theft
of data than physical stealing of assets". The primary obstacle to effective eradication of
cyber-crime could be traced to excessive reliance on firewalls and other automated
"detection" systems. Yet it is basic evidence gathering by using packet capture
appliances that puts criminals behind bars.
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CHAPTER 4
PROPOSED SYSTEM
4.1 SECURITY MEASURES
Cyber-crime is a complex issue. Some of the main challenges to improving
understanding of cyber-crime include: • lack of recording mechanisms that accurately
distinguish between online and offline crime; • under-reporting of cyber-crime from the
public and businesses and a lack of awareness that some cyber incidents are actually crimes
(although not all are); • inconsistencies in the measurement and definition of cyber-crime
within the relevant research; • information from industry sources often lacks transparency
and comparability; • few methodologically sound surveys of victims exist; • cyber-crime can
be undertaken on a large scale, potentially resulting in a relationship between victims and
offenders that is very different to ‘offline’ crime; and • cyber-crime is global in nature, it is
not constrained by national boundaries.
Prevention is always better than cure. A netizens should take certain precautions while
operating the internet and should follow certain preventive measures for cyber-crimes which
can be defined as:
Identification of exposures through education will assist responsible companies and
firms to meet these challenges.
One should avoid disclosing any personal information to strangers via e-mail or
while chatting.
One must avoid sending any photograph to strangers by online as misusing of
photograph incidents increasing day by day.
An update Anti-virus software to guard against virus attacks should be used by all
the netizens and should also keep back up volumes so that one may not suffer data
loss in case of virus contamination.
A person should never send his credit card number to any site that is not secured, to
guard against frauds.
It is always the parents who have to keep a watch on the sites that your children are
accessing, to prevent any kind of harassment or depravation in children.
Web site owners should watch traffic and check any irregularity on the site. It is the
responsibility of the web site owners to adopt some policy for preventing cyber-
crimes as number of internet users are growing day by day.
Web servers running public sites must be physically separately protected from
internal corporate network.
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It is better to use a security programs by the body corporate to control information
on sites.
Strict statutory laws need to be passed by the Legislatures keeping in mind the
interest of netizens.
IT department should pass certain guidelines and notifications for the protection of
computer system and should also bring out with some more strict laws to breakdown
the criminal activities relating to cyberspace.
As Cyber Crime is the major threat to all the countries worldwide, certain steps
should be taken at the international level for preventing the cybercrime.
A complete justice must be provided to the victims of cyber-crimes by way of
compensatory remedy and offenders to be punished with highest type of punishment
so that it will anticipate the criminals of cyber crime
4.2 FUTURE PREVENTIVE MEASURES FOR CYBER CRIME
We need to be proactive. We need to anticipate what could happen if our data security
is undermined and stop it from occurring. In a report released last year, the NYS Attorney
General’s office found that security breaches reported by businesses, nonprofits and
governments in New York more than tripled between 2006 and 2013, exposing 22.8 million
personal records of New Yorkers in nearly 5,000 incidents. It is important to remember that
anyone could be the victim of cyber-attack. We must educate ourselves on how to protect
our information at home through regularly checking credit and bank accounts, utilizing virus
protection, using only credible, verified & protected websites, and knowing how much
information on ourselves is actually out there. We can advocate for more stringent cyber
security laws but we need to understand the issue and protect ourselves.
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CHAPTER 5
ADVANTAGES AND DISASVANTAGES
ADVANTAGES
It helps automate various tasks that cannot be done manually.
It helps organize data and information in a better way and it has much more
computing and calculating power than human.
It may be the storage of important data and files.
Can be extremely effective at obtaining unsecure passwords.
DISADVANTAGES
It may damage your studies and social life.
The way it distracts can deviate our thoughts and activities towards unproductive
activities.
It could cause violation of privacy.
Can take an extensive amount of time. „
Easily detectable for properly configured systems.
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CHAPTER 6
APPLICATIONS
1) Mobile
Company provided or BYOD, users with multiple devices and types will auto enroll all of
them with ease. Each device is digitally registered and keyed to a user and can be instantly
reported lost or stolen. If reported, countermeasures are initiated and if found, can be easily
re-enrolled for continued service.
2) Secure Email
Prevent tampering of email content, prove message origin, and prevent exposure of email
content with encryption, flexible and secure communication. Seamlessly integrates with
your email clients and web hosted email applications.
3) Document Signing
Add e-signatures, authorized collaborators, time-stamps and encryption/decryption to
contracts, statements, invoices, legal and financials in file types like PDF, DOC, and XLS.
4) Smart Cards
Enforces Multi-Factor Authentication usually for physical access control, i.e. opening doors
and logging on to computers. In manufacturing or utilities operations a typical use is turning
on a manufacturing line or a power station.
5) Strong Authentication
Management and auditing of both user and device identities, allowing granular control over
who, or what, accesses your services, data and digital assets on your
internet/extranet/intranet resources.
6) Counterfeit Prevention
IC Chip manufacturing and integrated assembly manufacturers: enables “bake in” unique
key so when components initialized, the key is validated.
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7) Virtual Private Networks
Connections by issuing certificates to your VPN routers such as OpenVPN, Cisco, Juniper
etc., client VPN access with certificates in users VPN clients.
8) Secure Communication
Solid connections between SSL/TLS Servers and SSL/TLS Clients for your internal private
networks. The cost is fractional compared to buying vendor provisioned digital certificates.
9) Code Signing
Securing your software development process ensures that your process is being protected
and that the software running on your servers, cloud and end users cannot be tampered with.
10) Online Validation
Automatic Strong Authentication validates the status of every secure connection request
whether logging into a remote application or opening a file on your local machine or device.
The online service can process thousands of requests per second.
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CONCLUSION & FUTURE SCOPE
CONCLUSION:
Capacity of human mind is unfathomable. It is not possible to eliminate cyber-crime
from the cyber space. It is quite possible to check them. History is the witness that no
legislation has succeeded in totally eliminating crime from the globe. The only possible step
is to make people aware of their rights and duties (to report crime as a collective duty towards
the society) and further making the application of the laws more stringent to check crime.
Undoubtedly the Act is a historical step in the cyber world. Further I all together do
not deny that there is a need to bring changes in the Information Technology Act to make it
more effective to combat cyber-crime. However, a lot of work has to be done in this field.
Just as human mind is ingenious enough to devise new ways for perpetuating crime,
similarly, human ingenuity needs to be channelized into developing effective legal and
regulatory mechanisms to control and prevent Cybercrimes.
I would conclude with a word of caution for the pro-legislation school that it should
be kept in mind that the provisions of the cyber law are not made so stringent that it may
retard the growth of the industry and prove to be counter-productive.
FUTURE SCOPE:
As rates of cybercrime continue to increase exponentially, law enforcement agencies
will have to enhance their cyber-defenses to effectively fight online attacks. New
technologies promise to play an important role in this battle for cyber security. The Federal
Office Systems Exposition (FOSE), the premier information technology event in the United
States, recently showcased new products that could become instrumental in the war on
cybercrime.
In addition to new technologies, FOSE also featured workshops and presentations
focused on government cooperation across international borders – a crucial challenge to
cyber security. Allan Berg, President of InfraGard Maryland Members Alliance and one of
the presenters in the session “Educating Senior Leaders in Cyber Security Requirement,”
articulated these issues: “To effectively detect and deter cyber criminals, it is vital for our
law enforcement agencies and our legal community to look beyond our nation’s borders and
work with their international colleagues in order to have a global framework of cybercrime
statutes.
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This workshop will help law enforcement personnel and the legal community learn
how nations can work collaboratively to establish a network of laws to combat this global
problem.” Only time will tell what gadgets will become the leading tools in cybercrime
detection and prevention. Whatever the future holds, the exhibits and innovative
technologies presented at FOSE 2010 clearly indicate cybercrime is one of the most
important challenges facing the government in the years to come.
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REFERENCES
1) Kumar Vinod – Winning the Battle against Cyber Crime
2) http://www.cyberlawsindia.net/
3) www.pediain.com
4) www.wikipedia.org
5) www.studymafia.com