CYBER LAW AND IT’S ETHICS
According to the Indian Law, it does not define the term ‘cybercrime’. It is also not defined in the IT Act, 2000, I.T. Amendment Act, 2008 and in any other legislation of India. Under Indian Penal Code still does not use the term “cybercrime”, even after its modification under the Information Technology Act, 2008. The word Cybercrime can be defined is that any criminal activity directly related to the use of computers and the internet, such as illegal trespass into the computer system or database of another, administration or theft of stored or online data, hacking, phishing, cyber warfare, spreading computer viruses etc. In simple way, any offence or crime in which related to a computer is used for committing that crime.
WHAT IS CYBER LAW?
The cybersecurity law is otherwise specified as the digital law or the law on the Internet. Cyber law India is the sector of law that manages the Internet’s connection to technology, innovation and electronic components, including computers, programming, equipment, data frameworks and Information System (IS).
Web law or Cyber law India is a term which illustrates the legitimate problems identified with the use of the Internet. It is less an unambiguous field of law than licensed innovation or agreement law, as it is a space covering numerous region of laws and guidelines. Some driving themes encompass web access and use, protection, possibility of articulation, and stave.
Cyber law India can consider as an element of the general legal framework that manages the Internet, E-commerce, advanced agreements, electronic evidence, the Internet, and their particular legal issues. Cyber law India covers a genuinely expansive region, enclosing a few subtopics including the opportunity of articulation, information insurance, information security, advanced trade, electronic correspondence, access to and exploitation of the Internet, and online protection.
WHAT IS CYBER ETHICS?
Ethics, morality and profound quality under different circumstances involve fluctuating and complex implications. Each and everything which at that point was confined to openly approach, against open government assistance and which may upset open tranquillity perhaps named corrupt and unreliable.
The world of the Internet nowadays has become an equal type of life and life. Open are presently furnished for doing things which were not imaginable scarcely any years prior. The Internet is quickly turning into a way of living for many individuals and moreover a method of living due to developing reliance and dependent of the humankind on these machines. The web has authorized the utilization of site agreement, email and a ton of whenever anywhere IT answers for the advancement of mankind.
Cyber laws in India
The 21st Century Indian Legal System deals with the following Cyber Laws:-
Information Technology (IT) Act, 2000
In 2020, India ranking is the third in the number of Internet users after the US and China, clocking a compound annual growth rate of past few years is 44 %. It is also one of the top five countries impacted by cyber crime. Legislation against cybercrimes in India have been laid down in the Information Technology (IT) Act 2000. They are as follows:
Hacking and Data Theft: According to Section 439 (h) and 66 of the IT Act punish various exercises going from hacking into a computer, organize, information burglary, presenting and lay out contamination through computer systems, harming computers or computer programs, disorder any PC or PC framework or PC arrange, denying an approved individual access to a PC or PC order, harming or crumble data residence in a computer.
Tampering with Computer Source Document: According to Section 65 of the IT Act provides punishment for tampering with computer acquire documents and says that any person who knowingly or intentionally conceals, destroys or changes, or intentionally or knowingly causes another to conceal, destroy, or change any computer source code used for a computer, computer programme, computer system or computer network. When the source code is required to retain kept or resume by law for the nonce essential, shall be punishable with imprisonment for up to 3 years and fine of Rs. 3,000, or both.
Receipt of Stolen Property: According to Section 66B of the IT Act provides punishment for unreliable accepting any stolen PC asset or communication device. This portion require that the individual accepting the stolen property should have done so unreliable or ought to have motivation to accept that it was taken property. The discipline for this offense under Section 66B of the IT Act is the detainment of up to 3 years or a fine of up to Rs. 1,00,000 or both.
Identity Theft and Cheating by Personation: According to Section 66C of the IT Act provides punishment for identity theft and provides that anyone dishonestly or deceptively making use of the electronic signature, password or any other special identifying feature of any other person shall be imprisoned for a term which may extend to 3 years and shall also be liable for fine which may extended upto Rs. 1,00,000.
Violation of Privacy: According to Section 66E of the IT Act provides punishment for violation of privacy and provides that any person who deliberately or knowingly captures, publishes or broadcast private images of a person without his or her consent thereby breach the privacy of that person, shall be punished with imprisonment of up to 3 years or with fine not exceeding Rs. 2,000 or both.
Obscenity: According to Sections 67, 67A and 67B of the IT Act provide punishment for publishing or transmitting, in electronic form: (a) obscene things (b) material restrain sexually explicit content, and (c) material restrain children in sexually explicit act. The punishment has given for an offence under section 67 of the IT Act is, on the first conviction, imprisoned for a term which may extend to 3 years, and a fine which may extend to Rs. 5,00,000, and in a subsequent conviction, imprisoned for a term which may extend to 5 years with fine which may extend to Rs. 10,00,000. The punishment for offences under sections 67A of the IT Act is that imprisoned for a term which may extend to 5 years and fine which may extend to Rs. 10,00,000 and in under Section 67B is that imprisoned for a term which may extend to 7 years and fine which may extend to Rs. 10,00,000.
Cyber Terrorism: According to Section 66F of the IT Act provides punishment for cyber terrorism. Whoever, with an objective to threaten the integrity, security or sovereignty of India or to strike terror in the people, denies access to computer resources to a person who is authorised to do so, or tries to access computer sources without authorization, or causes the institution of any computer contaminant, and by means of such behaviour causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it has likely to do so thereby cause damage or disturbance of supplies or services essential to the lifetime of the community or adversely affect critical information infrastructure, is guilty of ‘cyber terrorism’. Whoever knowingly penetrates a computer resource without authorization and then obtains access to information, data or electronic database that is constricted for the security of the State or foreign relations, or get access to such information which is leaked would cause great harm to the sovereignty, integrity and public relations in India is also guilty of ‘cyber terrorism’.
Email Spoofing: Email spoofing mention to email that appear to arise from one origin but is sent from another origin. Email spoofing can also conduct to monetary compensation.
Indian Penal Code (IPC) On Cybercrimes
- Internet Time Thief – It’s just a way of cheating, where the Internet is a tool for committing this crime. This will record an unauthorized person’s use of web time purchased by another person. These types of cybercrimes were unequalled until the victim reported them. It is normally covered by the IPC and the Indian Telegraph Act.
- Web Jacking – The word comes from “web hijacking”. Once a Web site is hacked, the owner of the site be inclined to lose jurisdiction over it. The person who obtains such access is called a hacker who can even modify or destroy any information on this website.
- Salami Attack – It’s basically related to funding, so the most victimized are the financial institutions. This attack assigns a unique quality that the change is so negligible that during only one case, it could go completely unnoticed. E.g. a bank employee inserts a program by which a meager amount of Rs 3 is deducted from the client’s account. Such a small amount will be completely unnoticed. However, as a result of 90 such amalgamations of all account holders collect huge amounts. This is merely a criminal violation of contract.
- Email Bombing – Email bombing means sending a large number of emails to victims following which their email account or server freezes. Victims of e-mail shelling can vary from person to person and even from one email provider to another. This type of mischief occurs when the account or server is subject to destruction.
- Virus Attack – A virus is a program that binds to a computer or file and then travels to other files and to other computers on a network. They usually influence the data of a computer, either by alter it or removing it. They simply make functional copies of themselves and do so over and over again until they eat up all the obtainable space on a computer’s memory. It’s kind of a violation of the law in traditional crime. Although it is purely a cybercrime, it comes under the Indian Penal Code.
Shreya Singhal V. UOI AIR 2015 SC 1523
The court held that section 66A is ambiguous and is violative of the right to freedom of speech; it takes within its range innocent speech as well. It removed an arbitrary provision from the IT Act, 2000 and upheld citizens’ fundamental right to free speech in India. It was of the view that even though section 66A is struck down, provisions in the Indian Penal Code, 1860 will continue to be applicable, prohibiting racist speech, any speech that shocking the modesty of a woman, or speech aimed at promoting enmity, abusive language, criminal intimidation, racism, etc.
Pune Citibank Emphasis Call Center Fraud Case
The court ruled that section 43(a) of the Information Technology Act of 2000 applies because of the presence and nature of unauthorised access involved in committing transactions. The accused were also charged under section 66 of the IT Act, 2000 and section 420, i.e., cheating, 465, 467, and 471 of the Indian Penal Code, 1860.
The effects of cybercrimes are growing day by day in this 21st century. In today ‘s era cybercrime, hacking, cyber-ethics, etc. is an inclusion to the crimes. Hence, we’d like to develop a ‘cyber-jurisprudence’ on the basis of which we will evaluate and criticize ‘cyber-ethics’. The right to freedom of belief, thought and expression is contemplate as one of the basic principles of our constitution. The freedom of press in addition to guarantees the right provided by our constitution.
Download applications from trusted sources. Keep your administration and operating system current with the latest system should be updated. Turn on automatic updates to avert prospective attacks on older software. Make systematic back-ups of all your important data and store it in another area.
Author: Noor E Amna,
Jamia Hamdard University or B.A.LLB