CYBER LAW

Cyber Crime may be defined in a general way as an unlawful act wherein the computer is either a tool or a target or both.

Unauthorized Access
Unauthorized access to computer systems or networks means any person who secures access or attempts to secure access to a protected system.

Email Bombing
Email bombing refers to sending a large amount of emails to the victim resulting in the victim's email account (in case of an individual) or mail server (in case of a company or an email service provider) crashing.

Data Diddling
This kind of an attack involves altering the raw data just before it is processed by a computer and then changing it back after the processing is completed.

Salami Attack
This attack is used for the commission of financial crimes. The key here is to make the alteration so insignificant that in a single case it would go completely unnoticed, e.g. a bank employee inserts a program into the bank's servers, that deducts a small amount of money (say Rs.5 a month) from the account of every customer. No single account holder will probably notice this unauthorized debit, but the bank employee will make a sizable amount of money every month.

Internet Time Theft
This connotes the usage by an unauthorized person of the Internet hours paid for by another person.

Logic Bomb
This is event dependent program. This implies that this program is created to do something only when a certain event (known as a trigger event) occurs, e.g. some viruses may be termed logic bombs because they lie dormant all through the year and become active only on a particular date (like the Chernobyl virus).

Virus / Worm Attack
Virus is a program that attach itselves to a computer or a file and then circulate itselves to other files and to other computers on a network. They usually affect the data on a computer, either by altering or deleting it. Worms, unlike viruses do not need the host to attach themselves to. They merely make functional copies of themselves and do this repeatedly till they eat up all the available space on a computer's memory.

Trojan Attack
A Trojan, the program is aptly called an unauthorized program which functions from inside what seems to be an authorized program, thereby concealing what it is actually doing.

Denial of Service Attack
This involves flooding a computer resource with more requests than it can handle. This causes the resource (e.g. a web server) to crash thereby denying authorized users the service offered by the resource.

Distributed Denial of Service Attack
This is a denial of service attack wherein the perpetrators are many and are geographically widespread. It is very difficult to control such attacks.

Cyber Pornography
This would include pornographic websites; pornographic magazines produced using computers (to publish and print the material) and the Internet (to download and transmit pornographic pictures, photos, writings etc.)

Email Spoofing
A spoofed email is one that appears to originate from one source but actually has been sent from another source.

Intellectual Property Crime
This includes software piracy, copyright. infringement, trademarks violations etc.

Cyber Stalking
The Oxford dictionary defines stalking as "pursuing stealthily". Cyber stalking involves following a person's movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc.

e - SECURITY TIPS

GENERAL INFORMATION

• Don't delete harmful communications (emails, chat logs, posts etc). These may help provide vital information about the identity of the person behind these.

• Try not to panic.

• If you feel any immediate physical danger of bodily harm, call your local police.

• Avoid getting into huge arguments online during chat or discussions with other users.

• Remember that all other internet users are strangers. You do not know who you are chatting with. So be careful and polite.

• Be extremely careful about how you share personal information about yourself online.

• Choose your chatting nickname carefully so as not to offend others.

• Do not share personal information in public spaces anywhere online, do not give it to strangers, including in e-mail or chat rooms. Do not use your real name or nickname as your screen name or user ID. Pick a name that is gender and age neutral. And do not post personal information as part of any user profile.

• Be extremely cautious about meeting online acquaintances in person. If you choose to meet, do so in a public place and take along a friend.

• Make sure that your ISP and Internet Relay Chart (IRC) network have an acceptable use policy that prohibits cyber-stalking. And if your network fails to respond to your complaints, consider switching to a provider that is more responsive to user complaints.

• If a situation online becomes hostile, log off or surf elsewhere. If a situation places you in fear, contact a local law enforcement agency.

• Save all communications for evidence. Do not edit or alter them in any way. Also,

• keep a record of your contacts with Internet System Administrators or Law

GENERAL SECURITY TIPS

CHILDREN:- Do not give out identifying information such as Name, Home address,
School Name or Telephone Number in a chat room. Do not send your photograph to anyone on the Net without first checking with your parents or guardians. Do not respond to messages or bulletin board items that are suggestive, obscene, belligerent or threatening. Never arrange a face-to-face meeting without telling parents or guardians. Remember that people online may not be who they seem to be.

PARENTS:- Use content filtering software's on your PC to protect children from
 pornography, gambling, hate speech, drugs and alcohol. There is also software to establish time controls for individual users (for example blocking usage after a particular time at night) and log surfing activities allowing parents to see which site the child has visited. Use this software to keep track of the activities of your children.

Suggestions for Better Security

• Use strong passwords: Choose passwords that are difficult or impossible to guess. Give different passwords to all other accounts.

• Make regular back-up of critical data. Back-up must be made atleast once in each day. Larger organizations should perform a full back-up weekly and incremental back-up every day. Atleast once in a month the back-up media should be verified.

• Use virus protection software. That means three things: having it on your computer in the first place, checking daily for new virus signature updates, and then actually scanning all the files on your computer periodically.

• Use a firewall as a gatekeeper between your computer and the Internet. Firewalls are usually software products. They are essential for those who keep their computers online through the popular DSL and cable modem connections but they are also valuable for those who still dial in.

• Do not keep computers online when not in use. Either shut them off or physically disconnect them from Internet connection.

• Do not open e-mail attachments from strangers, regardless of how enticing the subject line or attachment may be. Be suspicious of any unexpected e-mail attachment from someone you do know because it may have been sent without that person's knowledge from an infected machine.

• Regularly download security patches from your software vendors.

Internet guidelines for students

• The Internet is the global storehouse for information. It is like having the biggest library in the World at your fingertip.---Use the net to increase your knowledge, to do class work better.

• Visit interesting places sitting at your computer - visit the Taj or the Smithsonian Institution or the Louvre in Paris - all without stirring from your chair. --This is what the net is all about-an explosion of information.

• Use the net to keep in touch with children from other parts of the Country or other Countries-make new pen friends; collect information. Many on-line service providers host chat rooms especially for children, monitored continuously for safety. -- The net is a global community - without any barriers, distances, boundaries.

• Be careful about talking to "strangers" on a computer network.

• Respect privacy on the net. You may have known the password of some other user- your friend/schoolmate. But do not use it to read their mail or send mail from their ID. Remember somebody else can also do this to you.

• Use the net to find information about schools and colleges-events or courses they may be offering. Many of them offer you a virtual guided tour of their facilities. Take advantage of this. This will help you take a decision when planning your future

• Be careful about what you download from the net. Use a virus scan before the download as many programs may contain virus-this has the potential to destroy your system.
  

• Don'ts :

• Do not give your password to anybody. Somebody who is malicious can cause great harm to you and your reputation. It is like leaving your house open for a stranger and walking away.

• When talking to somebody new on the net, do not give away personal information-like numbers of the credit card used by your parents, your home addresses/ phone numbers and such other personal information.

• If you feel uncomfortable or threatened when somebody on the net feeds you an improper or indecent message inform your parents or elders.

• Do not break into somebody else's computer and worse still change things; you are probably destroying a lifetime of hard work by somebody. You may be intelligent but use your intelligence for better things. Somebody else can be as ruthless and as intelligent to break into your system and destroy your creations as well.

• Do not copy a program that is copyrighted on the net. It is illegal. You are actually stealing somebody else's hard work. There is a lot of illegally available material on the net. Do not use it yourself.

 I.T. ACT 2000
Introduction and wide spread of computer has given rise to new category of offences popularly termed as cyber crime. The parliament has enacted the I.T. Act 2000 in order to deal with these crimes.
Tampering with Computer Source Documents
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
Explanation: For the purposes of this section, "computer source code" means the listing of programs, computer commands, design and layout and program analysis of computer resource in any form.

Hacking with Computer System
1. Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking.
2. Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend upto two lakh rupees, or with both.

Publishing of Information which is obscene in Electronic Form
Whoever publishes or transmits or causes to be published in t the electronic form, any material which is lascivious or appeals f to the prurient interest or if its effect is such as to tend to deprave : and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.

Power of the Controller to give Directions
1. The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder .
2. Any person who fails to comply with any order under sub-section (I) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two lakh rupees or to both.

Directions of Controller to a Subscriber to extend facilities to Decrypt Information
1. If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource.
2. The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub-section (I), extend all facilities and technical assistance to decrypt the information.
3. The subscriber or any person who fails to assist the agency referred to in sub-section (2) shall be punished with an imprisonment for a term which may extend to seven years.

Protected System
1. The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system.
2. The appropriate Government may, by order in writing, authorize the persons who are authorized to access protected systems notified under sub-section (I).
3. Any person who secures access or attempts to secure access to a protected system in contravention of the provisions of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Penalty for Misrepresentation
Whoever makes any misrepresentation to, or suppresses any material fact from, the controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both".

Breach of Confidentiality and Privacy
Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Penalty for Publishing Digital Signature Certificate false in certain particulars
1. No person shall publish a Digital Signature Certificate or otherwise make it available to any other person with the knowledge that-
(a) the Certifying Authority listed in the certificate has not issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended,
unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation.
2. Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Publication for Fraudulent Purpose
Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Act to apply for Offences or Contravention Committed Outside India
1. Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality .
2. For the purposes of sub-section (I), this Act shall apply to an offence or contravention committed outside India by any person if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India.

Confiscation
Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provision of this Act, rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation:
Provided that where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found is not responsible for the contravention of the provisions of this Act, rules, orders or regulations made thereunder, the court may, instead of making an order for confiscation of such computer, computer system, floppies, com- pact disks tape drives or any other accessories related thereto, make such other order authorized by this Act against the person contravening of the provisions of this Act, rules, orders or regulations made thereunder as it may think fit.

Penalties and Confiscation not to interfere with other Punishments
No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force.