Expertise // Cyber Law
Technical Aspects
Technological advancements have created new possibilities for criminal activity, in particular the criminal misuse of information technologies such as
a. Unauthorized access & Hacking:-
Access means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network.
Unauthorized access would therefore mean any kind of access without the permission of either the rightful owner or the person in charge of a computer, computer system or computer network.
Every act committed towards breaking into a computer and/or network is hacking. Hackers write or use ready-made computer programs to attack the target computer. They possess the desire to destruct and they get the kick out of such destruction. Some hackers hack for personal monetary gains, such as to stealing the credit card information, transferring money from various bank accounts to their own account followed by withdrawal of money.
By hacking web server taking control on another persons website called as web hijacking
In Simple way we can say that cyber crime is unlawful acts wherein the computer is either a tool or a target or both
Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.
We can categorize Cyber crimes in two ways
The Computer as a Target :-using a computer to attack other computers.
e.g. Hacking, Virus/Worm attacks, DOS attack etc.
The computer as a weapon :-using a computer to commit real world crimes.
e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.
Cyber Crime regulated by Cyber Laws or Internet Laws.
b. Trojan Attack:-
The program that act like something useful but do the things that are quiet damping. The programs of this kind are called as Trojans.
The name Trojan Horse is popular.
Trojans come in two parts, a Client part and a Server part. When the victim (unknowingly) runs the server on its machine, the attacker will then use the Client to connect to the Server and start using the trojan.
TCP/IP protocol is the usual protocol type used for communications, but some functions of the trojans use the UDP protocol as well.
c. Virus and Worm attack:-
A program that has capability to infect other programs and make copies of itself and spread into other programs is called virus.
Programs that multiply like viruses but spread from computer to computer are called as worms.
d. E-mail & IRC related crimes:-
1. Email spoofing
Email spoofing refers to email that appears to have been originated from one source when it was actually sent from another source. Please Read
2. Email Spamming
Email “spamming” refers to sending email to thousands and thousands of users – similar to a chain letter.
3 Sending malicious codes through email
E-mails are used to send viruses, Trojans etc through emails as an attachment or by sending a link of website which on visiting downloads malicious code.
4. Email bombing
E-mail “bombing” is characterized by abusers repeatedly sending an identical email message to a particular address.
5. Sending threatening emails
6. Defamatory emails
7. Email frauds
8. IRC related
Three main ways to attack IRC are: “verbalâ⦣8218;?Ŧ#8220; attacks, clone attacks, and flood attacks.
e. Denial of Service attacks:-
Flooding a computer resource with more requests than it can handle. This causes the resource to crash thereby denying access of service to authorized users.
Examples include
attempts to “flood” a network, thereby preventing legitimate network traffic
attempts to disrupt connections between two machines, thereby preventing access to a service
attempts to prevent a particular individual from accessing a service
attempts to disrupt service to a specific system or person.
In view of the growth in transactions and communications carried out through electronic records, the Act seeks to empower government departments to accept filing, creating and retention of official documents in the digital format. The Act has also proposed a legal framework for the authentication and origin of electronic records / communications through digital signature.
* From the perspective of e-commerce in India, the IT Act 2000 and its provisions contain many positive aspects. Firstly, the implications of these provisions for the e-businesses would be that email would now be a valid and legal form of communication in our country that can be duly produced and approved in a court of law.
* Companies shall now be able to carry out electronic commerce using the legal infrastructure provided by the Act.
* Digital signatures have been given legal validity and sanction in the Act.
* The Act throws open the doors for the entry of corporate companies in the business of being Certifying Authorities for issuing Digital Signatures Certificates.
* The Act now allows Government to issue notification on the web thus heralding e-governance.
* The Act enables the companies to file any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in electronic form by means of such electronic form as may be prescribed by the appropriate Government.
* The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions. The Act has given a legal definition to the concept of secure digital signatures that would be required to have been passed through a system of a security procedure, as stipulated by the Government at a later date.
* Under the IT Act, 2000, it shall now be possible for corporates to have a statutory remedy in case if anyone breaks into their computer systems or network and cause loss.
ses damages or copies data. The remedy provided by the Act is in the form of monetary damages, not exceeding Rs. 1 crore.
Why Cyberlaw in India ?
When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the need for Cyberlaws in India.
What is the importance of Cyberlaw ?
Cyberlaw is important because it touches almost all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. Initially it may seem that Cyberlaws is a very technical field and that it does not have any bearing to most activities in Cyberspace. But the actual truth is that nothing could be further than the truth. Whether we realize it or not, every action and every reaction in Cyberspace has some legal and Cyber legal perspectives.
Does Cyberlaw concern me ?
Yes, Cyberlaw does concern you. As the nature of Internet is changing and this new medium is being seen as the ultimate medium ever evolved in human history, every activity of yours in Cyberspace can and will have a Cyberlegal perspective. From the time you register your Domain Name, to the time you set up your web site, to the time you promote your website, to the time when you send and receive emails , to the time you conduct electronic commerce transactions on the said site, at every point of time, there are various Cyberlaw issues involved. You may not be bothered about these issues today because you may feel that they are very distant from you and that they do not have an impact on your Cyber activities. But sooner or later, you will have to tighten your belts and take note of Cyberlaw for your own benefit.
Cyberlaw Awareness program
Are your electronic transactions legally binding and authentic? Are you verifying your customers’ identities to prevent identity theft? Does your online terms and conditions have binding effect? Are you providing appropriate information and clear steps for forming and concluding your online transactions? How are you ensuring data protection and information security on your web site? Are you recognising the rights of your data subjects?
Transacting on the Internet has wide legal implications as it alters the conventional methods of doing business. To build enduring relationships with your online customers the legal issues of e-transactions need to be addressed from the onset.
This Awareness program will cover
the basics of Internet Security
basic information on Indian Cyber Law
Impact of technology aided crime
Indian IT Act on covering the legal aspects of all Online Activities
Types of Internet policies required for an Organization.
Minium hardware and software, security measures required in an organization to protect data
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