Cyber Crimes and Cyber Security: An Overview

IT Act (2000); Ethics and Limitations: Piracy, Copyright, Copy left, Open
Source, Digital Archives

Any information (picture, audio, text, graphics, video, etc.) that is created and/or transmitted
using digital means such as a network is referred to as digital media. The YouTube videos we
watch, the Instagram and Facebook posts, the news links we read and share, the music we
download and also the information we download for our college projects are all examples of
digital media. These days, even television has become digital as a set-top- box is used for
transmission of signals. This device converts signals into digital form and hence, the TV we
watch is also digital media.

Digital Media Scenario in India

The digital media scenario in India has evolved in spurts and phases. There are about 2
million paid digital media subscribers, while 1.5 million have entirely switched over to digital
media. 50% of the growth in digital subscription has happened within the year 2017. This
rapid rise is attributed to the enormous telecom subscriber base of 1.19 billion. Mobile
Phones are used by 650 million people, while 363 million use broadband. About 600 million
individuals are using the internet now. Average data usage has gone up to 3.9 GB/month 83%
are android phones.

Cyber Laws and Security- An overview

Cyber Laws: With the arrival of digital media, policymakers across the globe have
developed cyber laws for their respective countries, which govern the communication
technology, particularly cyberspace or the Internet. Cyber laws and all the users of this space
come under the range of these laws as it carries a kind of worldwide jurisdiction. Cyber law
also be described as a branch of law that deals with legal issues related to the use inter-
networked information technology.

In most of the developed countries, cyber laws have been developed stringently based on the
norms of privacy and security of its citizens. In India, cyber laws are contained in the
Information Technology Act, 2000 (IT Act) and sub segment amendments which came into
force on October 17, 2000. The primary purpose of the Act is to provide legal recognition to
electronic commerce and to facilitate the filing of electronic records with the government.

Issues in Digital Cyber Security

Net Neutrality: The concept of net neutrality focuses on the underlying assumption that all
data on the Internet should be treated equally by corporations, such as internet service
providers, and governments, regardless of content, user, platform, application, or device.
Network neutrality requires all Internet service providers (ISPs) to provide the same level of
data access and speed to all traffic. That traffic to any one or more service or website cannot
be blocked or degraded. ISPs are not supposed to create unique arrangements with services or
websites, in which companies providing them services are given improved network access or
speed.

The term "network neutrality" was introduced in the year 2002. The concept was floated in
response to efforts by the Federal Communications Commission (FCC), a United States
regulator body, to require broadband providers to share their infrastructure with competing
firms. International countries like the USA, Japan, Brazil, Chile, Norway, etc. have some
form of law and order or regulatory framework in place that affects net neutrality.

INDIAN CONTEXT

Ethics

The Internet policy researchers try to understand the practice of governing the Internet as a
global and national infrastructure; the impact of public and private regulation on Internet-
based economies, communities and cultures; and the rights, responsibilities, norms and
principles invoked by users and non-users. India has always encouraged a multi-stakeholder
approach to Internet governance. This signifies that the government wants to restrict the
monopoly of any one player while holding them accountable for their actions. Additionally,
the safeguarding of public interest in the administration of the Internet is of more
significance.

The following are issues that need to be managed to ensure a democratic distribution of
spectrum in India:-

1) Control of critical Internet resources

2) Setting Internet standards

3) Access and inter-connection coordination

4) Cyber security governance

5) Policy role of information intermediation

6) Architecture based intellectual property rights enforcement

There are also questions of data protection and privacy, copyright, security, digital literacy,
net neutrality, content regulation and data regulation.

Digital India

The Government of India has envisioned a flagship Digital India' programme that is centred
on three core areas:

1. Digital Infrastructure as a Utility to Every Citizen

2. Governance and Services on Demand

3. Digital Empowerment of Citizens

TRAI

(Telecom Regulatory Authority of India)

In India, the Department of Telecommunication (DOT) operating under the Ministry of

Communication handles all matters about policy, licensing and regulation in the telecom
sector. It manages the Digital Communications Commission (DCC), Telecom Regulatory
Authority of India (TRAI), Telecom Disputes Settlement and Appellate Tribunal (TDSAT)
etc. The responsibility of the administration of laws related to telecom also rests with DOT.
The Indian Government established the Telecom Commission in 1989 to deal with the
administrative and financial matters related to telecommunications. It was rechristened as the
'Digital Communications Commission' (DCC) in October 2018. The DCC has the following
functions:-

1. Formulating the policies of the Department of Telecommunications for approval of the

government;

2. Preparing the budget for the Department of Telecommunications for each financial year
and getting it approved by the Government; and

3. Implementation of the Government's policy in all matters concerning telecommunication.

Additionally, the safeguarding of public interest in the administration of the Internet is of
more significance.

In the Indian context, the Telecom Regulatory Authority of India (TRAI) adopted net
neutrality regulations in July 2018. The net neutrality regulations in India affirms that internet
access services should be governed by a principle that restricts any form of discrimination or
interference in the treatment of content, including practices like blocking, degrading, slowing
down, or granting preferential speeds or treatment to any content.

TRAI was set up through the Telecom Regulatory Authority of India Act (1997), and it was
entrusted to achieve the objectives of the New Telecom Policy 1999. Later, the body was
split into TRAI and Telecom Dispute Settlement and Appellant Tribunal (TDSAT) via an
amendment in the year 2000. TRAI was entrusted with the regulatory and recommendatory
functions, and TDSAT handled dispute settlement.

TRAI has the following objectives:-

1. Increasing tele-density and access to telecommunications in the country at affordable

prices,
2. Making available telecommunication services which in terms of range, price and
quality are comparable to the best in the world;
3. Providing a fair and transparent policy environment which promotes a level playing
field and facilitates fair competition;
4. Establishing an interconnection regime that allows fair, transparent, prompt and
equitable interconnection;
5. Re-balancing tariff's so that the objectives of affordability and operator viability are
met consistently,
6. Protecting the interest of consumers and addressing general consumer concerns
relating to availability, pricing and quality of service and other matters;
7. Monitoring the quality of service provided by the various operators;
8. Providing a mechanism for funding of net cost areas/public telephones so that telecom
operators discharge universal service obligations for the spread of telecom facilities in
remote and rural areas;
9. Preparing the ground for a smooth transition to an era of convergence of services and
technologies;

10. Promoting the growth of coverage of a radio in India through commercial and non-
commercial channels; and

11. Increasing consumer choice in the reception of TV channels and choosing the operator
who would provide television and other related services.

ICTs’ Policies of India

The National Telecom Policy (1994, 1999 and 2012)

In India, the National Telecom Policy has been the guiding source for the telecommunication
sector. Initially, the National Telecom Policy 1994 was introduced as part of the budgetary
announcements open up the telecom sectors to private players.

 The full-fledged National Telecom Policy (NTP) was introduced in the year 1999 and
reintroduced in the year 2012.
 The NTP 1999 policy seeks to address the issues such as availability of spectrum for
telecom services. An independent regulator, TRAI has been created for the purpose
through the NTP 1999.
 TRAI regulates the allocation of telecom spectrum in India. It lays down rules for
eligibility criteria, application, licensing and granting of spectrum frequencies. The
bidding process contains multiple stages, and TRAI ensures that all interested players
abide by the established standards at each stage.

During the NTP 1999 period, there were concerns regarding the declining revenues of private
players involved in the telecom sector and the need to safeguard the IT sector against
emerging threats. It envisaged providing affordable and effective communications for all
Indians, including those based in rural, tribal and hilly areas. Improving the
telecommunication infrastructure and proper management of the spectrum were the most
important objectives of this policy.
The NTP 2012 document states that the "Vision is to transform the country into an
empowered and inclusive knowledge-based society, using telecommunications as a
platform." The main aim is to enhance technology adoption so that sectors such as education,
health etc. can be improved. As per the policy document, "NTP-2012 is an initiative to create
a conducive policy framework to address these issues and to touch the lives of all NTP 2012
is aimed at further empowering PEOPLE'S ERSITY

The National Cyber Security Policy (2013)

During the early period of the 2020s, the Information Technology (IT) sector has grown
exponentially in India. The government aimed to be at par with global IT markets, for which
a secure, robust networked environment was the need of the hour. It is essential to have a
secure cyber ecosystem to gain the trust of global IT players. A multi-pronged approach was
required to set up such an environment.

 The National Cyber Security Policy (NCSP) was designed to fulfil this need. The
primary objectives of the NSCP were - creating a secure cyber ecosystem in the
country, by generating adequate trust and confidence in IT systems and transactions in
cyberspace and strengthening the regulatory framework to achieve this.
 The policy focused on creating strategies to gain information about cybersecurity
threats at national and sectored levels.
 Proposed to establish a National Critical Information Infrastructure Protection Centre
(NCIIPC) to protect vital information infrastructure.

The National Digital Communications Policy (2018)

In 2018 National Telecom Policy was reintroduced as National Digital Communications

Policy (2018). It aims to accomplish the following strategic objectives by 2022:

1. Provisioning of Broadband for All

2. Creating 4 Million additional jobs in the Digital Communications sector

3. Enhancing the contribution of the Digital Communications sector to 8% of India's GDP

from 6% in 2017.
4. Propelling India to the top 50 Nations in the ICT Development Index of ITU from 134 in
2017.

5. Enhancing India's contribution to Global Value Chains

6. Ensuring Digital Sovereignty

The broad mission of the NDCP 2018 policy is centred around three main targets - increasing
Internet presence in India (Connect India), enhancing IT infrastructure (Propel India) and
making online a secure one (Secure India).

Information Technology Act 2000

As per the Indian Computer Emergency Response Team (CERT-In) 27,482 cybercrime were
committed in India between January to June in the year 2017.

The IT Act, is the primary law in India that deals with cyber crimes and e-commerce. It was
amended in the year 2008 to address contemporary concerns. The Act lays down punishment
and penalties for crimes committed using computers/new media, e.g. hacking (Section 66).
identity theft (Section 66 C), violation of privacy (Section 66 E), threatening national security
via the denial of access, and attempting to penetrate computer resources, ransomware etc.
(Section 66 F), publishing obscene, defamatory or sexually explicit content online (Section
67.67A), child pornography (Section 67 B), breach of privacy (Section 72) etc. Various
sections deal with electronic records, signatures and safeguarding electronic transactions and
e-governance measures.

The Information Technology (reasonable security practices and procedures and sensitive
personal data or information) Rules, 2011 define provisions for personal information and
security and what constitutes sensitive personal data.

 Apart from the enactment of Information Technology (IT) Act, 2000, and setting up
of CERT-In and National Critical Information Infrastructure Protection Centre
(NCIIPC) under the IT Act, 2000, the Government of India has taken other initiatives
such as introducing National Cyber Security policy (2013), and framework for
enhancing Cyber Security (2013).
 The Government has also set up Indian Computer Emergency Response Team
(CERT-in) to deal with cyber security and emergencies.
 Copyright Act: India

The Internet system is spreading fast in India. There are many issues related to internet. But
one of the biggest issues concerning Internet is protection of intellectual property- works of
the mind.

As per Section13 and 63 of Indian Copyright Act, 1957 literary works, pictures, sound
recordings and other creative works are protected from being copied without the permission
of the copyright holder.

The Copyright Act, 1957 does not deal with the liability of ISPs at all. However, the liability
of ISPs finds mention in Section 79 of the Information Technology Act, 2000 as follows:

 ‘Network service providers not to be liable in certain casesFor the removal of doubts,
it is hereby declared that no person providing any service as network service provider
shall be liable under this Act, rules or regulations made there under for any third party
information or data made available by him if he proves that the offence or
contravention was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence or contravention.
 Explanation-For the purposes of this Section,- (a) ‘network service provider’ means
an intermediary; (b) ‘third party information’ means any information dealt with by a
network service provider in his capacity as an intermediary.’ Section 79 of the IT Act
exempts ISPs from liability for third party information or data made available by him
if the ISP had no knowledge of the offence committed or if the ISP had exercised ‘all
due diligence’ to prevent any infringement.

Copy Left

Every time an individual prints something from the Internet, electronically forwards a
document, cuts and pastes something from any Website, saves files for later use, or forwards
an e-mail, he or she is breaking the law because the owner has not granted explicit rights of
use:

The ease of duplication and the anonymity of Internet browsing make it possible to more
easily “infringe the copyrights behind a digital work, but also to make precise digital copies
that may be far less likely to pass muster under a fair use analysis than copies made from
real-world original.
Copyleft is a general method for making program free software and requiring all modified
and extended versions of the program to be free software as well. The simplest way to make
a program free is to put it in the public domain, uncopyrighted. This allows people to share
the program and their improvements if they are so minded.

But it also allows uncooperative people to convert the program into proprietary software.
They can make changes, many or few, and distribute the result as a proprietary product..

People who receive the program in that modified form do not have the freedom that the
original author gave them; the middleman has stripped it away.

Piracy
Piracy refers to the unauthorized copying, distribution, or use of copyrighted material, such as
movies, music, software, books, and digital content, without the permission of the copyright
holder.

 Types of Piracy:

o Physical Piracy: The illegal sale of pirated CDs, DVDs, or printed copies.

o Digital Piracy: The online distribution of unauthorized copies of digital

media, including streaming and downloads.

Piracy in India

 Widespread Issue: India has long struggled with high levels of piracy, particularly in
the entertainment, software, and publishing industries. Pirated movies, music, and
software are easily accessible both online and in physical markets.

 Digital Piracy Growth: With the rapid rise of the internet and cheaper smartphones,
digital piracy has significantly increased in India, with many users illegally
downloading or streaming copyrighted content.
3. Major Forms of Piracy in India

 Movie Piracy: Bollywood and regional films are frequently pirated and uploaded to
torrent websites or illegal streaming platforms shortly after or even before their
theatrical release. Websites like TamilRockers, Filmywap, and others have been
notorious for pirating new films.

 Music Piracy: Songs and albums are often leaked or distributed without
authorization, both online and via unauthorized CDs or USB drives.

 Software Piracy: Many users in India still use pirated versions of software, including
operating systems like Windows, productivity tools like Microsoft Office, and design
software like Adobe products.

 Book Piracy: Academic and popular books, especially in digital formats (PDFs), are
commonly shared online or printed in unauthorized hard copies.

4. Factors Contributing to Piracy in India

 Affordability: High prices for legitimate content or software often push consumers
toward pirated versions, which are either free or sold at significantly lower prices.

 Accessibility: Pirated content is often easier to access than legal alternatives,

especially in rural areas or for niche content that isn't widely available.

 Lack of Awareness: Many consumers may not fully understand that piracy is illegal
and can have negative consequences for content creators.

 Cultural Acceptance: In some cases, piracy has become normalized, with people
viewing it as an acceptable way to access content without understanding the legal or
ethical implications.

5. Legal Framework to Combat Piracy in India

India has various laws aimed at curbing piracy:

  Indian Copyright Act, 1957: The primary legislation for protecting copyrighted
works. The Act makes piracy a criminal offense, punishable by fines and
imprisonment.

o Penalties for Piracy:

 Imprisonment of up to 3 years.

 Fines ranging from ₹50,000 to ₹200,000 (INR), depending on the

severity of the violation.

 Information Technology (IT) Act, 2000: This act deals with digital offenses,
including online piracy and hacking. It empowers the government to block websites
hosting pirated content.

 Cinematograph Act, 1952 (Amendment in 2019): The government introduced an

amendment in 2019 to address film piracy specifically. Under this, unauthorized
recording and camcording in cinema halls are criminal offenses.

 Blocking Websites: The Indian government has regularly taken action to block
websites that host pirated content. However, new websites often emerge to replace the
blocked ones.

6. Anti-Piracy Measures

 Government Initiatives: The Indian government, along with copyright enforcement

agencies, regularly conducts raids on physical markets selling pirated content and
shuts down websites involved in digital piracy.

 Industry Efforts:

o Bollywood and the Indian Music Industry collaborate with law enforcement
to track and prevent the distribution of pirated films and music.

o Software Companies: Companies like Microsoft and Adobe run campaigns to

educate users on the importance of using licensed software and offer
discounted legal versions to discourage piracy.
  Public Awareness Campaigns: Initiatives to educate people about the negative
effects of piracy on the economy and content creators are growing, especially in urban
areas.

7. Consequences of Piracy

 Economic Loss: Piracy leads to significant financial losses for the film, music,
software, and publishing industries. The Indian film industry, for example, reportedly
loses billions of rupees annually due to piracy.

 Impact on Content Creators: Piracy discourages investment in creative industries

and can result in job losses. Filmmakers, musicians, software developers, and authors
suffer reduced revenue, which affects their ability to produce more content.

 National Security Concerns: Pirated software may come bundled with malware or
viruses, compromising the cybersecurity of individuals and organizations. In some
cases, the profits from piracy are linked to criminal activities or international crime
syndicates.

8. Digital Streaming Services and Piracy

 Emergence of OTT Platforms: Legal streaming platforms like Netflix, Amazon

Prime Video, Hotstar, and Spotify have gained popularity in India and are seen as an
effective way to combat piracy. By offering affordable access to high-quality, legal
content, they reduce the incentive to seek pirated versions.

 Subscription Pricing: Competitive pricing by these services has helped lower the
piracy rate, but the problem persists, especially in rural areas and among those
unwilling to pay.

9. Challenges in Combating Piracy

 Technological Challenges: Piracy websites often change domains or use proxy

servers, making it difficult to permanently shut them down.
 Cross-Border Piracy: Many piracy operations are based outside India, making it
harder for Indian law enforcement to take action.

 Slow Legal Processes: Even though laws exist to combat piracy, the legal process to
penalize offenders can be slow, and the penalties are often seen as inadequate
deterrents.