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Influence of Reel in the Real: The trapping of Real in the Virtual World

About the Author

Adv. Sayana Noushad is a practicing advocate at Pathanamthitta District Court.

Introduction

Without any doubt without a second look, we could say that world is a moving business even the air around turned into a part of business where you pay to breath; as the world develops our country develops, everything in it too develops leading to discoveries and inventions such a major invention is the computer which has now turned into both advantageous and dangerous. Which leads to the forming of internet and many leading to the birth of the word CYBER where communications, works, activities etc. everything can be included. But it’s not the term in ruling now but what rules is the term CYBER CRIME. What actually is cybercrime? Is it same with the general meaning of crime? These are the questions that are already answered but couldn’t make a conclusion on the width of the crime as it extends as a chain.

Shreya Singhal v. Union of India1

The Supreme Court based its decision on three concepts namely: discussion, advocacy, and incitement. It observed that mere discussion or even advocacy of a cause, no matter how unpopular, is at the heart of the freedom of speech and expression. It was found that Section 66A was capable of restricting all forms of communication and it contained no distinction between mere advocacy or discussion on a particular cause which is offensive to some and incitement by such words leading to a causal connection to public disorder, security, health, and so on.

Cybercrime is nothing more than ordinary crime committed by high tech computers where computer is either a tool or target or both suggested by some experts meanwhile there are some other experts who sees cybercrime as a new category of crime where separate and new legal frameworks itself is required to address the unique nature of emerging technologies. Thus, cybercrime refers to any crime or an illegal act that involves a computer or a network. The word has not been described anywhere in the Indian Parliament or the IT Act 2000. In India IT Act, 2000 deals with the offences related to cybercrime.

As already mentioned, everything became business similarly cybercrime represents a new branch of business. The number of people using the internet, the rate at which they use it, and the dominance of young people in this group have all risen past the maximum. The impact of the growing technologies on the mind of the people and the economic structure is beyond the scope of expectations.  The high rate of cybercrimes indicates a terrible blood flow in the virtual world where the perpetrators sometimes hide in, making it difficult or even impossible to prosecute them. The types of such crimes give us the picture on its disastrous growth and its impossibility or difficult to provide punishments provide it more fearful to the face of such crimes. The law mostly notes upon “Prevention is better than cure” but most of the times cybercrimes becomes an obstacle to follow this principle as its sometimes escape even from the scope of punishments. Most of the times the victims even may not knew that they became the victim of such crime, and even if they came to know this, it has already become a public highlight, so in short, we can say that the major violation will be of the violation of Article 21 of the Constitution of India2.

The story of the crimes begins from the year 1940 to the present and every year then used to mark a break point too and lead to the developed crime world. Where 1940s was the era without crime, 1950s quoted the phone phreaks, 1980s from ARPANET to internet, 2000 threats and diversity and multiply, 2010 the next gen. These are just some major sketched events in the history of the world3. But still there should be a point of start for every matter, the first cybercrime was before any major development on internet as the proliferation of email during the 80’s. It allowed the host of scams and/or malware to be delivered to your inbox. The most noted one of such acts was of the Nigerian prince scam; ‘I am a down and out prince from Nigeria. I need help getting millions out of my country and all you have to do is send me some money first to set up the transfer. Once done I will share my millions with you’.  This was the crime marked during underdeveloped era.

Source- Geralt, pixabay.

Two Main Types of Cybercrimes

Most cybercrime falls under two main categories:

  • Criminal activity that targets computers.
  • Criminal activity that uses computers.

Cybercrime that targets computers often involves malware like viruses.

Cybercrime that uses computers to commit other crimes may involve using computers to spread malware, illegal information or illegal images.

Major Categories of Cybercrime

1. Crimes Against People 

These crimes include cyber harassment and stalking, distribution of child pornography, credit card fraud, human trafficking, spoofing, identity theft, and online libel or slander.

2. Crimes Against Property 

Some online crimes occur against property, such as a computer or server. These crimes include DDOS attacks, hacking, virus transmission, cyber and typo squatting, computer vandalism, copyright infringement, and IPR violations.

3. Crimes Against Government 

When a cybercrime is committed against the government, it is considered an attack on that nation’s sovereignty. Cybercrimes against the government include hacking, accessing confidential information, cyber warfare, cyber terrorism, and pirated software.

Source-Geralt, pixabay.

CYBER CRIMES

Cybercrime can be categorised on the basis of its nature and characteristics like: –

  1. Financial Cybercrimes
    • Online banking fraud
    • Credit banking fraud
    • Investment scams
    • Identity theft
  2. Malware Related Cybercrime
    • Ransomeware attack
    • Spyware infections
    • Botnet attacks
    • Trojan horse malware
  3. Against Individual
    • Online harassment
    • Cyber bullying
    • Stalking
    • Sexortism
  4. Intellectual Property Theft
    • Software piracy
    • Copyright infringement
    • Counterfeit goods

Let’s look into some of the most serious and commonly reported cybercrimes: – The word commonly reported doesn’t make these crimes a trifle matter instead they are marked with the red quote:

1. Child Pornography or Child Sexually Abusive Material (CSAM)

Child sexually abusive material (CSAM) refers to a material containing sexual images in any form, of a child who is abused or sexually exploited. Section 67 (B) of the IT Act states that “it is punishable for publishing or transmitting of material depicting children in the sexually explicit act, etc. in electronic form.

2. Cyber Bullying

A form of harassment or bullying inflicted through the use of electronic or communication devices such as computers, mobile phones, laptops, etc.

3. Cyberstalking

Cyberstalking is the use of electronic communication by a person to follow a person or attempts to contact a person to foster personal interaction repeatedly despite a clear indication of disinterest by such person; or monitors the internet, email or any other form of electronic communication commits the offence of stalking.

4. Phishing and Scam

Phishing is a type of social engineering attack that targets the user and tricks them by sending fake messages and emails to get sensitive information about the user or trying to download malicious software and exploit it on the target system.

5. Identity Theft

Identity theft occurs when a cybercriminal uses another person’s personal data like credit card numbers or personal pictures without their permission to commit a fraud or a crime.

6. Ransomware Attack

Ransomware attacks are a very common type of cybercrime. It is a type of malware that has the capability to prevent users from accessing all of their personal data on the system by encrypting them and then asking for a ransom in order to give access to the encrypted data.

7. Hacking/Misusing Computer Networks

This term refers to the crime of unauthorized access to private computers or networks and misuse of it either by shutting it down or tampering with the data stored or other illegal approaches.

8. Internet Fraud

Internet fraud is a type of cybercrimes that makes use of the internet, and it can be considered a general term that groups all of the crimes that happen over the internet like spam, banking frauds, theft of service, etc.

9. Software Piracy

Software piracy is the illegal use or copy of paid software with violation of copyrights or license restrictions. An example of software piracy is when you download a fresh non-activated copy of windows and use what is known as “Cracks” to obtain a valid license for windows activation. This is considered software piracy.  Not only software can be pirated but also music, movies, or pictures.

10. Online Drug Trafficking

With the big rise of cryptocurrency technology, it became easy to transfer money in a secured private way and complete drug deals without drawing the attention of law enforcement. This led to a rise in drug marketing on the internet. Illegal drugs such as cocaine, heroin, or marijuana are commonly sold and traded online, especially on what is known as the “Dark Web”.

11. Electronic Money Laundering

Also known as transaction laundering. It is based on unknown companies or online business that makes approvable payment methods and credit card transactions but with incomplete or inconsistent payment information for buying unknown products. It is by far one of the most common and easy money laundering methods.

12. Cyber Extortion

Cyber extortion is the demand for money by cybercriminals to give back some important data they’ve stolen or stop doing malicious activities such as denial of service attacks.

13. Intellectual-Property Infringements

It is the violation or breach of any protected intellectual-property rights such as copyrights and industrial design.

14. Online Recruitment Fraud

One of the less common cybercrimes that are also growing to become more popular is the fake job opportunities released by fake companies for the purpose of obtaining a financial benefit from applicants or even making use of their personal data.

15. Cyber Warfare

Cyber warfare is the use or targeting in a battle space or warfare context of computers, online control systems and networks. It involves both offensive and defensive operations concerning to the threat of cyberattacks, espionage and sabotage. 

Challenges of Cybercrime 4

Today’s digital environment presents a number of issues due to cybercrime. The fact that cyber dangers are always changing is one of the main challenges. Technology vulnerabilities are constantly being exploited by hackers and cybercriminals, making it difficult for people and companies to keep ahead of these dangers.

The scope of cybercrime globally is a major challenge. Since cybercriminals can operate from any location in the world, it is challenging for law enforcement to efficiently locate and apprehend them. The global nature of cybercrime adds complexity to the jurisdictional and legal concerns associated with these acts.

Furthermore, it might be difficult to detect and capture hackers due to the anonymity offered by the internet. It is challenging to hold them responsible for their acts since they can conceal their whereabouts and identities via encrypted communication, phony accounts, and other strategies. The financial toll that cybercrime takes is high. Ransomware attacks and other cyber threats can cause large financial losses for both individuals and businesses. System restoration, data recovery, and handling legal ramifications can be expensive and time-consuming. A crucial problem in the fight against cybercrime is data privacy and protection. The potential of identity theft and data breaches is a major issue due to the growing volume of private and sensitive information kept online. In the digital age, protecting data and guaranteeing privacy is a constant struggle for people, groups, and legislators. Some other common issues arise like:

  • People are unaware of their cyber rights.
  • Mostly committed by well educated people
  • Less numbers of cases registered
  • No harsh punishment, and so on.

Role of Government

The National Cyber Security Policy 2013 established by the Ministry of Electronics and Information Technology (MeitY), was the first step taken toward cyber security that aims at preventing cyber-attacks, reduce vulnerabilities, build a strong infrastructure in safeguarding the data and information in cyberspace, create technology, institutional structure, processes, and cooperation to minimize the amount of damage caused by cyber-attacks5 .The Indian Computer Emergency Response Team (CERT-in) under the Ministry of Electronics and Information Technology (MeitY) of the Government of India is yet another initiative taken to respond to cyber security threats in India and promote effective security practices throughout India. It has helped to spread awareness by teaching cyber security awareness regarding the dangers of phishing attacks. Recently (CERT-in) has issued new directions under the Information Technology At, 2000 that direct the service providers, data centres, intermediaries, and the body corporate to report cyberattacks within six hours of witnessing the attacks to the authorities who are dealing with cybercrimes6.

Source-Geralt, pixabay.

Law & Punishment for Cybercrime in India

According on the nature, severity, and extent of the cybercrime as well as the harm it caused, each case’s punishment for cybercrime in India is unique. Therefore, it is best advised to speak with a cyber lawyer in your city in order to submit a complaint and comprehend the legal requirements and paperwork needed in accordance with India’s cybercrime law.

The Information Technology Act of 2000 was designed by the government to address the threat posed by cybercriminals. Its main objectives are to create an environment that is conducive to successful internet use and to track down and report cybercrime in India. Indian cyber law is governed by the Information Technology Act (IT Act), which was passed in 2000. This Act’s primary objective is to give eCommerce reliable legal protection by making it simpler for businesses to register real-time data with the government7.

Christian Louboutin SAS v. Nakul Bajaj &Ors

The Court observed that the defendant is more than an intermediary on the ground that the website has full control over the products being sold via its platform. It first identifies and then promotes third parties to sell their products. The Court further said that active participation by an e-commerce platform would exempt it from the rights provided to intermediaries under Section 79 of the IT Act.8

The IT Act is a comprehensive piece of legislation that deals with e-commerce, e-banking, and other aspects of technology. The cyber legislation in India also specifies penalties and fines for cybercrime. As per the IT Act 2000,

Section 43 – Those who destroy computer systems without the owner’s consent are subject to this section. The owner is entitled to full compensation for the entire loss in such cases.

Section 66 – This section is applicable if it is found that a person engaged in any of the dishonest or fraudulent activities described in Section 43. In such circumstances, the punishment might be a fine of up to Rs. 5 lakh or up to three years in prison.

Section 66B – Establishes the consequences for dishonestly obtaining computers or communication equipment that are stolen, including a potential three-year term. This punishment could also be followed by a fine of Rs. 1 lakh, depending on how serious the offence was.

Section 66C – This part examines identity thefts, including forgery of digital signatures, password hacking, and further distinctive identifying characteristics. If guilty, a three-year imprisonment and a Rs. 1 lakh fine may be imposed.

Data thieves, those who introduce viruses into systems, hackers, those who delete data, and those who prevent authorised users from accessing networks are subject to up to three years in prison, a fine of Rs. 5 lacs, or both under Sections 43 and 66 of the IT Act. The maximum sentences for data theft under Sections 378 and 424 of the IPC are respectively three years in prison, a fine, or both, and two years in jail, a fine, or both. Under Section 426 of the IPC, denying access to a legitimate user or causing harm to a computer system is punished by up to three months in jail, a fine, or both9.

The new Criminal Laws have the similar recognition of cyber and digital crimes.

Conclusion

As the cybercrime being pet to the generation not only this generation but to the entire world the cyber rules the world from dawn till dusk. The rate of the negative effect increases by the increase in its use mainly if it’s not handled properly.

 Anyone who uses the Internet should be familiar with how to use it and keep herself/herself safe from any cyberattacks. Avoid clicking on links and other attachments that come from sites or people you don’t know. People need to be aware of the cybercrime regulations that are in place in India. In order for them to know how to and who to contact if they experience any such harm.

Some other major precautions to be taken like:

  • Keeping strong passwords
  • Keeping the accounts private and using it carefully
  • Protecting data and identity.

Let’s join and stand united against cybercrime. By working together, raising awareness, and implementing robust cybersecurity measures, we can effectively combat these digital threats. Remember, staying informed and proactive is crucial in protecting ourselves and the online communities. Together we can make a real impact in creating a safer cyberspace for everyone. Let’s fight cybercrime together.

References

  1. (2013) 12 SCC 73 ↩︎
  2. “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.” ↩︎
  3. Landmark Judgments On Cyber Law (lawyersclubindia.com) ↩︎
  4.  http://www.kaspersky.co.in, protect yourself from cyber crime. ↩︎
  5. “National Cyber Security Policy – 2013”, https://www.meity.gov.in/content/national-cyber-security-policy-2013-0 ↩︎
  6. DETAILS ABOUT INDIAN CYBERCRIME COORDINATION CENTRE (I4C) SCHEME”, https://www.mha.gov.in/division_of_mha/cyber-and-information-security-cis-division/Details-about-Indian-Cybercrime-Coordination-Centre-I4C ↩︎
  7. https://www.newcomme.com/what-is-cyber-security-and-cyber-crimes/ ↩︎
  8. (2018) 253 DLT 728 ↩︎
  9. https://www.myadvo.in/blog/cyber-crime-in-india/ ↩︎
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