CYBER CRIME IN INDIA
By Tarun Sharma, university of petroleum and energy studies
Move back ourselves to the era of nineties, where Internet was argued to be an idiosyncratic channel who demonstrates the fastest speed of scattering in human beings. Today there are only few people whose life is affected by the broad increment of use of internet. On the productive hand, the propensity to allocate and reciprocity information expeditiously has provided prodigious benefits in the area of education, commerce, entertainment, and social interaction. On the abrogative hand, it has increased the contingency for the commencement of crimes. Information technology has enabled potential offenders to commit large scale crimes with almost no monetary cost and much leaser rise of being caught. Collate to offenders of traditional economic motivated crimes (e.g., burglaries, larcenies, bank robberies), online swindlers are relatively free of worry from directly encountering law enforcement and witnesses. As crime has strengthened with the technology, the area of online services and the numbers of users have continued to increase. We are witnessed for the helping hand of internet for humans but the same way it became the short way to get more and stand like the wall middle of the road. The integration of many myriad technological applications coupled with the rapid growth of online users make fraudulent activities likely to rise if no intervention is proposed and implemented. Internet is believed to be full of mobocracy and a system of law and regulation therein seems contradictory. However, Cyberspace is being governed by a system of law called Cyber law. Cyber law is a generic term which refers to all the legal and regulatory aspects of Internet. Publishing a web page is an excellent way for any business to vastly increase its exposure to millions of individuals world-wide. It is that feature of the Internet which is causing much controversy in the legal community. Cyber law is a constantly evolving process. As the Internet grows, numerous legal issues arise. One of the most important issues concerning cyberspace today is that of Cyber-crime. Cyber-crime is defined as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS).
The first recorded cyber-crime took place in the year 1820. That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charles Babbage. In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom. This device allowed the repetition of a series of steps in the weaving of special fabrics. This resulted in a fear amongst Jacquard's employees that their traditional employment and livelihood were being threatened. They committed acts of sabotage to discourage Jacquard from further use of the new technology. This, in broader aspect, is considered as the first recorded cyber-crime. As truly said, crimes have “always depends on the force, vigor and movement of public opinion from time to time and country to country and even same country, from decade to decade”.
WHAT IS CYBER CRIME:-
“Cybercrime” means any criminal or other offence that is facilitated by or involves the use of electronic communications or information systems, including any device or the Internet or any one or more of them.
Territory is no longer the barrier, as it may also exist in cyberspace, where corporation, which serve computer and telecommunications networks also control access. The concept can be said as the “growth of crimes on internet is directly proportional to the growth of internet itself.” “Cybercrimes are harmful acts committed from or against a computer or network.” Cyber or computer crimes are white collar crimes and are committed by students, nonprofessional computes programmers, business rivals, individuals having vested interest and criminal. To define the crime one should keep in mind these three points:
• When a computer is used in committing such a crime.
• When computer technology is responsible for the wrongful loss and wrongful gain of two individuals in a single transaction.
• When any person commits any of the acts, he is a guilty of a computer crime.
• Knowing or intentionally accesses and without permission alters, damages, deletes, destroys, or otherwise use any data , computer system, or computer network.
CYBER CRIMES IN INDIA:-
Cyber crime cases in the country registered under the IT Act surged nearly 300 per cent between 2011 and 2014, according to a study, which cautioned that cyber attacks around the world are occurring at a greater frequency and intensity. The study revealed that in the past, the attacks have been mostly initiated from countries like the US, Turkey, China, Brazil, Pakistan, Algeria, Europe, and the UAE, adding with growing adoption of internet and smart phones India has emerged as one of the primary targets among cyber criminals. “With every passing year, cyber attacks continue to escalate in frequency, severity as well as impact. In India, from 2011 to 2014, there has been a surge of approximately 300 per cent in cyber crime cases registered under the IT Act, 2000,” said the Assoc ham-PwC joint study. Attackers can gain control of vital systems such as nuclear plants, railways, transportation or hospitals that can subsequently lead to dire consequences such as power failures, water pollution or floods, disruption of transportation systems and loss of life, noted the study. The Indian Computer Emergency Response Team has also reported a surge in the number of incidents handled by it with close to 50,000 security incidents in 2015, noted the study titled „Protecting interconnected systems in the cyber era,‟. The study highlighted that Operational systems are increasingly subject to cyber attacks, as many are built around legacy technologies with weaker protocols that are inherently more vulnerable. It pointed out that continued and regular sharing of cyber security intelligence and insights is essential for improving the resiliency of these systems and processes from emerging cyber risks. There is an increase in the types and number of cyber crimes every year. Ranging from obscenities spread on social media to content aimed at tarnishing the image of an individual and online frauds, the nature of the crimes differ. The police have to adopt multi-pronged approach to tackle these. Officials admit that the chance of arresting a person who committed a cyber crime is less compared to regular civil, crime and law and order cases and the reasons are many. Cyber security in India is waved away as the remit of technical experts, while businesses and users believe their data can be protected through high-end devices or „air gapped‟ networks. However, most sophisticated cyber attacks have all involved a human element: Stuxnet needed the physical introduction of infected USB devices into Iran’s nuclear facilities; the 2016 cyber-heist of $950 million from Bangladesh involved gullible (or complicit) bankers handing over SWIFT codes to hackers. Similarly, „Legion‟ has not targeted first-generation Internet users but tech-savvy public figures that presumably use secure phones for communication. This episode underscores the difficulty in protecting digital networks if human involvement continues to be the weakest link in the chain.
It can be seen that the threat of computer crime is not as big as the authority claim. This means that the method s that they introducing to combat it represents an unwarranted attack on human rights and is not proportionate to the threat posed by cyber-criminals. Part of the problem is that there are no reliable statistics on the problem; this means that it is hard to justify the increased powers that the Regulation of Investigatory Powers Act has given to the authorities. These powers will also be ineffective in dealing with the problem of computer. The international treaties being drawn up to deal with it are so vague that they are bound to be ineffective in dealing with the problem. It will also mean the civil liberties will be unjustly affected by the terms of the treaties since they could, conceivably, imply that everybody who owns a computer fitted with a modem could be suspected of being a hacker. The attempts to outlaw the possession of hacking software could harm people who trying to make the internet more secure as they will not be able to test their systems.