P1 Cyber Crime A
P1 Cyber Crime A
P1 Cyber Crime A
1.1 Introduction:
Criminals are well aware that their victims are vulnerable and unaware
about security and preventive measures,
They hardly leave any evidence
Lack of adequate legislation to control them
Lack of awareness among users
Traditional laws are not adequate and present Information Technology
Law is not enough to prevent and control cyber crimes in India
Lack of expert law enforcing agencies with infrastructural support.
History of Hacking can be traced from 1870s use of brand new telephone
by teenager generally for telephone phreaking. William Frederick Friedman,
lead code-breaker of Japan’s World War-II purple Machine and was
honoured as the father of United State’s crypto-analysis. William Frederick
Friedman, lead code-breaker of Japan’s World War-II purple Machine and
was honoured as the father of United State’s crypto-analysis. The Book
written by him in the year 1918 on cryptography is still a guideline for
prevention and control of cybercrimes.
In the year 1970, the cyber world and network was open to world wide
users. And by that time another cyber crime evolved and became legal
challenge world wide that is cyber pornography.
Hackers started using programme code. In the late 1960s and 1970s the
Russian Government used to employ those programmers for security
measures.
Two hackers groups were formed in this era. They were named as the legion
of Doom in the USA and the choose computer club in the Germany. Though
2600, the Hackers Quarterly was founded earlier to share tips of telephone
phreaking and computer hacking in the early 1980s. The
In the year 1984 the Computer Fraud and Abuse Act was first enacted
which dealt with unauthorised, access in the USA legal system. This Act was
revised in 1994 and amended in the late 1996. This Act prohibits unauthorised
access to computers to commit espionage, unauthorised access to non- public
government computer, computer fraud, damage to computer, trafficking in
passwords, threats to damage a computer. Not only that, in the late 1980s, the
computer emergency response team was formed by the United States defences
agencies. Its mission was to investigate the growing volume of attacks on
computer networks.
A computer hacker is any skilled computer expert that uses their technical
knowledge to overcome a problem. While "hacker" can refer to any skilled
computer programmer, the term has become associated in popular
culture with a "security hacker", someone who, with their technical
knowledge, uses bugs or exploits to break into computer systems.
Human conducts which are prohibited by criminal law and for which state
imposes punishment through criminal law are to be treated as crimes. There are
several human conducts in our society some are prohibited by moral code i.e.,
immoral, some are prohibited by civil law i.e., civil wrong and some are
prohibited by criminal law i.e., crimes and those which are not prohibited by
any of these are not wrong. Therefore, crime is criminal wrong. To define crime
is a complex task. To understand meaning and concept of crime it is proper to
examine some of the definitions of crime which are propounded by several
eminent Jurists.
S.S. Huda explained that theEnglish word ‘Crime’ owes its genesis to the
Greek expression ‘Krimos’; which is synonymous to the Sanskrit word
‘Krama’, meaning social order. It is therefore, in common parlance the
word ‘crime’ is applied to those acts that go against social order and are
worthy of serious condemnation. Garafalo says crime is an immoral and
harmful act that is regarded criminal by public opinion because it is an
injury to so much of the moral sense as is represented by one or the other,
of the elementary altruistic sentiments of probity and pity (honesty).
Crime is a social wrong asdefined by John Gillin. He says crime is an act that
has been shown to be actually harmful to society, or that is believed to be
socially harmful by a group of people that has the power to enforce its beliefs,
and that places such act under the ban of positive penalties.
The term ‘Cyber’ is derived from the term ‘Cybernetics’ which means science
of communication and control over machine and man. Cyberspace is the new
horizon which is controlled by machine for information and communication
between human beings across the world. Therefore, crime committed in
cyberspace relating machines or devices or cyber technology related crimes are
to be treated as cyber crimes. Information technology and electronic commerce
are widely used to facilitate crime or to commit crime. In wider sense cyber
crime is a crime on the internet which includes hacking, terrorism, fraud, illegal
gambling, cyber stalking, cyber theft, forgery, flowing of viruses, cyber
pornography.
“It is very essential to emphasise here that the world is not run by weapons
any more, or energy, or money. It is run by ones and zeros — little bits of data
— it is all electrons. There’s a war out there, a world war. It’s not about who
has the most bullets. It is about who controls the information - what we see and
hear, how we work, what we think. It’s all about information”.16 The movie
traced on Information Technology to commit theft in superhighway and
information is the commodity to theft.
The Concept of cyber crime is very different from the traditional crime. Also
due to the growth of Internet Technology, this crime has gained serious and
unfettered attention as compared to the traditional crime. So it is necessary to
examine the peculiar characteristics of cyber crime.
2. Geographical challenges –
In cyberspace the geographical boundaries reduced to zero. A cyber criminal
in no time sitting in any part of the world commit crime in other corner of
world. For example a hacker sitting in India hack in the system placed in
United States.
3. Virtual World –
The act of cyber crime takes place in the cyber space and the criminal who
is committing this act is physically outside the cyber space. Every activity
of the criminal while committing that crime is done over the virtual world.
3.1 Introduction
(3) Crimes associated with the prevalence of computers which are also to
be called as computer crimes.
Some system administrators set up alerts to let them know when there is an
unauthorized access attempt, so that they may investigate the reason. These
alerts can help stop hackers from gaining access to a secure or confidential
system. Many secure systems may also lock an account that has had too
many failed login attempts.
3.4 Cracking:
Crackers are malicious hackers who usually ‘crack’ down network
security. They secretly enter into security system to cause intentional
damage. Hackers are most of the times intellectual programmers who have
special study and knowledge about computer system and they use their
skills to cause trouble, steal credit card numbers, flow viruses etc. of those
hackers who are involved in illegal programming act to break into others
computer system, and net work security they are crackers. So, we can say
when hackers cause grievous or dangerous harm to computer and
computer system or network security and security system, and break
systems, they are called crackers. They not only commit criminal trespass
such as unauthorised access but also commit other crimes.
3.5 Cyber Stalking:
Stalking in general means behaviour of harassing or threatening the other
person. Cyber Stalking is an extension of physical form of stalking, which
is committed over the online medium with the use of information
Technology. In cyber stalking the internet, e-mail, chat rooms etc. are used
to stalk another person.
cyber stalking, where the Internet or other electronic means to stalk or
harass an individual, a group of individuals, or an organization. It include
the making of false accusations or statements of fact (as in defamation),
monitoring, making threats, identity theft, damage to data or equipment,
the solicitation of minors for sex, or gathering information that may be
used to harass.
In this form the offender is technocrat and he can take control of the
computer of the victim as soon as the computer starts operating. In this the
stalker gets control of the victims computer address and gets control over
it. This form of cyber stalking requires high degree of computer knowledge
to get access to the targets computer and the option available to the victim
is to disconnect the computer and abandon the current internet address.
3.6Hacking:
Types OF Hacking:
1. White Hat:
White Hats are hackers who work to keep data safe from other hackers
by finding system vulnerabilities that can be mitigated. White hats are
usually employed by the target system's owner and are typically paid
(sometimes quite well) for their work. Their work is not illegal because
it is done with the system owner's consent.
2. Black Hat :
Black-hat hackers, or simply “black hats,” are the type of hacker the
popular media seems to focus on. Black-hat hackers violate computer
security for personal gain (such as stealing credit card numbers or
harvesting personal data for sale to identity thieves) or for pure
maliciousness
Black hats fit the widely-held stereotype that hackers are criminals
performing illegal activities for personal gain and attacking others.
They’re the computer criminals.
3. Grey Hat :
Most miserable fact is that victims of identity theft even most of the times
do not realise that their identity has been stolen by someone else.
Sometimes at the time of further financing e.g., for home, for vehicle etc.
they realise from lender that they do not have sufficient credit limit and
therefore, they became ineligible for loan for home, vehicle or otherwise.
After due enquiry and investigation on credit report those poor fellows
may come to know that there is a credit card opened on his name using his
identity for which he never applied. Not only that there is a large credit
Bill with unknown addresses of creditors. Thereafter, another story will be
waiting for them which may be so long that they will get tired; that is,
after identifying culprit the proceedings may take months after months or
even years after years to end their credit chapter.
Even when any one copies the information without the permission of
owner it is violation of copyright and loss to owner. But value or utility
is something more than that. It is so sacrosanct, basic, inherent that it is
imbedded within information and no one can destroy it. The words “by
any means” has wide connotation . It includes every possible means of
hacking , as existed as well as which will be developed by hackers in
future. In this way the Act includes use of other information technologies
apart from computer.
BIBLIOGRAPHY:
https://searchsecurity.techtarget.com/definition/cybercrime
http://www.lawyersclubindia.com/articles/Classification-Of-CyberCrimes--
1484.asp