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4Cy b er Cr i m e - Law an d Pr act i cephishing rat e is increasing rapidly and t here is a pot ent ialimpact of cyber crimes on t he economy, consumer t rust andproduct ion t ime. The counter measures in the form of GPRSSecurit y archit ect ure, Int rusion Det ect ion and prevent ionSyst em and Agent Based Dist ribut ed Int rusion, Det ect ionSyst ems have t hus been employed f or securit y purposes.Considering t he signif icant increase in number of CyberCrimes report ed t hese days, it becomes import ant andimperat ive t o enquire as t o meaning of t he t erm CyberCrime, t he kinds of Cyber Crimes, t heir impact s and ef f ect son t he Societ y at large, t he law /st at ut e dealing w it h cybercrimes in India and t he det errent ef f ect of law on CyberCrimes in India.Theref ore, t his manuscript deals w it h (a) t he meaning andvariant s of cyber crimes like Salami At t ack, Packet Snif f ing,Tempest At tacks, and Bot Netw orks; (b) the real w orld cybercrime cases, t heir scenario as w ell as t he modus operandiemployed f or commission of such crimes.It also f ocuses on t he legal regime on t he subject of CyberCrimes in India and it s st rong analysis leading t o t he viablerecommendat ions t ow ards t he ef f ect ive legal prot ect ionagainst t he cyber crimes in India.1.2Cy b er Cr i m e: M ean i n g an d Def i n i t i o nCrime is not per se a legal t erm. It derives it s meaning andhas a connot at ion in t he background of a societ y t han t heState as such. Thus, it defies an attempt to lay down a straightjacket def init ion wit h clearly def ined boundaries. How ever,usually it is put synonymous t o somet hing w hich is “aw rong”, “an of f ence”, “a misdemeanour” or “a f elony”.Crime is bot h a social and an economic phenomenon. It is asold and hist orical as t he human societ y it self . M any ancientbooks, right f rom t he pre-hist oric days, and myt hologicalst ories have spoken about crimes being commit t ed byindividuals; be it commit t ed against an individual likeordinary t hef t and burglary or against t he nat ion at largelike t he crimes of spying, t reason, et c.Kaut ilya’s Art hashast ra, a document w rit t en around in t he

Cy b er Cr i m e - Law an d Pr act i ce5350 BC is considered t o be one of t he most aut hent icadminist rat ive t reat ises in India w hich discusses t he variouscrimes commit t ed in t he societ y, securit y init iat ives t o bet aken by t he rulers t o curb t hem, possible crimes in a St at e,et c. It also advocat es aw arding dif f erent punishment s f ordiff erent off ences list ed t herein. Furt her, t he concept ofrest orat ion of loss t o t he vict ims has also been discussed init.In his t heory of probable crime, he has discussed as t o howw it h t he changes in societ y, diff erent crimes emerge. Toillust rat e t he w eak posit ion of w omen in t he societ y it laysdow n t hat t he crimes against w omen w ill increase in t hesociety; with the strong position of a specific sector, t he abuseof power will result in commission of crimes associat ed w it ht he power-play.Cert ainly, t he advent of Inf ormat ion and Communicat ionTechnology has lead t o t he emergence of a new kind ofcrime called t he Cyber Crime.To clearly underst and t he meaning of Cyber Crime, oneshould f irst underst and t he meaning of t he t erm Crime andt hen t he meaning of Cyber Crime.1.2.1 M ean i n g o f Cr i m eCrime in any f orm does adversely af f ect s t he members oft he societ y. According t o M er r i am Web st er Di ct i o n ar y ,Crime is an act or t he commission of an act t hat is f orbiddenor the omission of a dut y t hat is commanded by a public lawand t hat makes t he of f ender liable t o punishment by t hatlaw, especially - a gross violat ion of law.According t o Ox f ord English Dict io nary , Crime is an actionor act ivit y or omission considered t o be evil, shamef ul, orw rong; w hich const it ut es an of f ence and is punishable bylaw.Bl ack st o n e def ines Crime as an act commit t ed or omit t edin violation of a public law either f orbidding or commandingit.St ep h e n ob served , “a crime is a violat io n of a rig ht

Cy b er Cr i m e - Law an d Pr act i ce6considered in reference t o the evil t endency of such violat ionas regards t he communit y at large” .Ox f o r d Di ct i o n ar y def ines Crime as an act punishable bylaw as forbidden by statute or injurious to the public w elfare.In a layman’s language, a crime can be def ined as anunlaw f ul act punishable by a St at e or ot her aut horit y. Thet erm " crime" does not , under t he modern criminal law, hasa simple an d u niversally accept ed def init io n, t ho ug hst at u t o ry d ef init io ns h ave b een p ro vid ed f or cert ainpurposes.The most popular view is t hat Crime is a cat egory created bylaw; in ot her words, somet hing is a Crime if it is declared assuch by t he relevant and applicable law. One proposeddefinition is that a Crime or an Off ence (or criminal of fence)is an act harmful not only t o an individual or individuals butalso t o the community, society or t he Stat e at large (" a publicwrong" ). Such acts are thus forbidden and punishable by law.Theref ore, an inclusive def init ion of t he t erm Crime can bet hat it is an act or an omission w hich is prohibit ed by law.Deducing f rom t he def init ions of t he t erm ‘Crime’ above,Cyber Crime can be def ined as an act or omission prohibitedby law which is carried out either with the means of or w heret he t arget is a comput er, comput er source or comput ernet work.1.2.2 M ean i n g o f Cy b er Cr i m eIt is right ly said t hat everyt hing has a cost associat ed w it h itand so is t he case wit h growing popularity and convenienceof d ig it al net w o rk s. Th e ease, con venience and sw if tco m m u n i cat i o n p r o vi d ed b y t h e In f o r m at i o n an dCommunicat ion t echnology does also come at a cost. As theb u si n esses an d so ci et ies ar e in cr easin g l y relyin g o ncomputers and int ernet-based net working, t he cyber crimesand digit al at t ack incident s have increased many f old.These at t acks are generally classif ied as crimes t hat involvet he use of a comput er or comput er source or comput er

Cy b er Cr i m e - Law an d Pr act i ce7net w orks. The inst ances of dif f erent cyber crimes beingcommit t ed include t he f inancial scams carried out t hrought he mode of comput er, comput er hacking, dow nloadingpornographic images f rom the internet , virus att acks, e-mailst alking and creat ing w ebsit es t hat promot e racial hat red.The f irst major inst ance of a cyber crime being commit t edw as report ed in t he late 90’s, when a computer virus mailedt o t he masses af f ect ed nearly 45 million comput er usersworldwide.As in t he developed w orld, in developing economies t oo,the cyber crimes have increased manifold, owing to the rapiddif f usion of Int ernet and t he digit isat ion of economicact ivit ies. Thanks t o t he huge penet rat ion of t echnology inalmost all areas of operat ion of societ y, f rom corporat egovernance and st at e administ rat ion t o t he level of pet t yshop keepers comput erizing t heir billing syst em, w e f indcomput ers and ot her elect ronic devices pervading t hehuman lif e. The penet ration is so deep t hat we cannot thinkof operat ing w it hout being associat ed w it h comput ers.The term ‘Crime’has neither been defined in the InformationTechnology Act , 2000 nor in t he Inf ormat ion Technology(Amendment ) Act , 2008 nor in any other legislat ion in India.In f act , it is quit e dif f icult , if not impossible, t o def ine t hew ord Crime. The w ord ‘Of f ence’ has been def ined undert he Indian Penal Code, 1860 and also in quit e a f ew ot herlegislat ions t oo. In order t o def ine Cyber Crime, w e can say,it is a crime associat ed w it h or commit t ed w it h t he help ofcomput ers. To put it in simple w ords ‘an off ence or a crimein w hich a computer is used can be said t o be a cyber crime’.Int erest ingly, even a pet t y off ence like st ealing or pickpocket can be brought w it hin the broader purview of cybercrime if t he basic dat a or aid t o such an of f ence is giventhrough a computer or the information stored in a computerused (or misused) by t he off ender. The I.T. Act , 2000 doesdef in e w ords like comput er, co mput er n et w ork, dat a,inf ormat ion and all ot her associat ed t erms t hat form a partof t he t erm cyber crime, about w hich w e w ill now bediscussing in det ail.

Cy b er Cr i m e - Law an d Pr act i ce8In a cyber crime, t he comput er or t he dat a it self is eit her at arget or t he object of an of f ence or a t ool employed incommit ting some off ence, and t hus providing t he necessaryinput s f or t hat of f ence. All such act s of crime come undert he broad def init ion of t he t erm Cyber Crime.Cyber crimes are t echnology based crimes w herein t hecomput er or int ernet it self is used as a w eapon or means t ocommit such crimes. They are organized and w hit e collarcrimes like cyber f rauds, hacking, dat a t hef t , phishing,identity thef t, et c. Cyber crimes are committed with the helpo f t ech n o l o g y an d cyb er cr i m i n al s h ave a d eepunderst anding of t echnology. In f act , cyber criminals aret echnocrat s w ho underst and t he int ricacies of Inf ormat ionTechnology. Cyber crimes do not know or recognise anyt errit orial boundary or barrier.In general, a Cyber Crime can be classified into the followingt hree cat egories:1. Target Cyber Crime : It is a crime w herein a comput er ist he t arget of t he of f ence.2. Tool Cyber Crime : It is a crime w herein a comput er isused as a t ool in commit t ing t he of f ence.3. Computer incidental : It is a crime w herein t he computerplays only a minor role in the commission of the of fence.Accordance t o t he Inf ormat ion Technology Act , 2000 aCyber Crime can be def ined as “an act or omission t hat ispunishable under t he Inf ormat ion Technology Act , 2000" .This how ever is not an exhaust ive def init ion as t he IndianPenal Code also covers cert ain cyber crimes, such as emailspoofing and cyber defamat ion, sending threatening emails,et c.***

Cy b er Cr i m e - Law an d Pr act i ce9Chapt er 2Cl assi f i cat i o n o f Cy b er Cr i m es2.1Tax o n o m y o f Cy b er Cr i m eWit h an en o rmo u s gro w t h w it n essed in t h e f ield o fcommunication technology and with the ease of transactionsunder it , t here is swif t growt h as w ell as development in thew orld. The World Wide Web (w w w ) sounds like a vastphenomenon but surprisingly one of it s qualit ies is t hat ithas brought the w orld closer which has also made it a closelylinked place t o live in f or it s users.However, it has also resulted in creation of a major challengein t he f orm of Cyber Crimes.Cyber crime is an int ricat e concept t o be def ined in a simpleand in layman’s language. However, it can be said t hat whenany crime is commit t ed over t he Int ernet it can be ref erredt o as a Cyber Crime.There are dif f erent cyber crimes w hich are t aking place int he present w orld w hich is dominat ed by t he Inf ormat ionan d Co mmu n icat io n Tech n olo g y. It co u ld b e h ack ersvandalizing your website, viewing confident ial information,st ealing t rade secret s or int ellect ual propert y w it h t he useof int ernet . It can also include ‘denial of services’and virusat t acks prevent ing regular t raf f ic f rom reaching yo urw ebsit e. Cyber crimes are not limit ed t o out siders except incase of viruses and w it h respect t o securit y relat ed cybercrimes t hat are usually commit t ed by t he employees ofpart icular company/organisat ion w ho can easily access t hepassw ord and t he dat a st orage of t he company f or t heirillegal purposes. Cyber crimes also include criminal act ivit iescarried o u t w it h t h e use o f co mp ut ers w hich f u rt herperpet uat es dif f erent crimes, e.g. f inancial crimes, sale of9

Cy b er Cr i m e - Law an d Pr act i ce10illegal art icles, pornography, online gambling, int ellect ualproperty crime, e-mail, spoof ing, f orgery, cyber def amat ion,cyber st alking, unaut horized access t o Comput er syst em,t hef t of inf ormat ion cont ained in t he elect ronic f orm, email bombing, physically damaging t he comput er syst em,et c.Alt hough the law enf orcement agencies are working to dealw it h t his problem and t rying t heir best t o deal w it h t hismenace; yet it is grow ing st eadily and t hus people areincreasingly becoming vict ims of cyber crimes like hacking,t hef t, ident it y t hef t , et c.Though t here is a prot ect ion provided by law against suchcyber crimes, t here is also a need t o prot ect your sensit iveinf ormat ion by using impenet rable securit y t hat uses aunif ied syst em of sof t w are and hardw are t o aut hent icat ean inf ormat ion t hat is sent or accessed over t he Int ernet .How ever, bef ore one can underst and t he legal regimesurrounding cyber crimes, one need to underst and dif ferentcyber crimes t aking place in t his cont emporary w orld.2.2Cl assi f i cat i o n s o f Cy b er Cr i m esThe number of Cyber Crimes commit t ed is increasing w it heach passing day, and it is very diff icult t o f ind out as t ow hat is act ually a cyber crime and w hat is t he convent ionalcrime. However, to deal with thischallenge, the most commoncyber crimes can be cat egorised and discussed under t hef ollow ing heads:1. Cyber Crime Against Person;2. Cyber Crime Against Propert y;3. Cyber Crime Against Government ;4. Cyber Crime Against Societ y.2.2.1. Cy b er Cr i m es ag ai n st Per so n sThere are cert ain of f ences w hich af f ect t he personalit y ofan individual and can be def ined as:(i) Harassment via E-M ails : It is a very common t ype of

Cy b er Cr i m e - Law an d Pr act i ce11harassment done t hrough lett ers, att achments of f iles &folders, i.e., via e-mails. At present, harassment is commonw it h t he increase in t he usage of social net w orking sit es,like Facebook.com, Tw it t er.com, et c.(ii) Cyber-Stalking : It means expressed or implied a physicalt hreat t hat creat es f ear t hrough t he use t o comput ert ech n o lo g y su ch as in t ern et , e-mail, p h o n es, t extmessages, w ebcam, w ebsit es or videos.(iii) Dissemination of Obscene M aterial : It includes Indecentexposure/ Pornography (basically child pornography),h o st i n g o f w eb si t e co n t ai n i n g t h ese p ro h i b i t edmaterials. These obscene mat t ers may cause harm t o t hemind of t he adolescent and t end t o deprave or corruptt heir mind.(iv) M alw are : M alware is sof t ware t hat t akes cont rol of anyindividual’s comput er t o spread a bug t o ot her people’sdevices or social net w orking prof iles. Such sof t w are canalso b e u sed t o creat e a ‘b o t n et ’— a n et w o rk o fcomput ers cont rolled remot ely by hackers, know n as‘herders,’— t o spread spam or viruses.(v) Defamation : It is an act of imput ing any person w it hint ent t o low er dow n t he dignit y of t he person byhacking his mail account and sending some mails w it hvulgar language t o unknow n persons mail account .(vi) Hacking : It means unaut horized cont rol/access overcomput er system and act of hacking complet ely dest royst he w h ole d at a as w ell as comp ut er pro grammes.Hackers usually hack t elecommunicat ion and mobilenet w ork.(vii) Cracking : It is amongst t he gravest cyber crimes know nt ill dat e. It is a dreadf ul f eeling t o know t hat a st rangerhas broken int o your comput er syst ems w it hout yourknow ledge and consent and has tampered w ith preciousconf idential dat a and informat ion.

12Cy b er Cr i m e - Law an d Pr act i ce(viii) E-M ail Spoofing : A spoof ed e-mail may be said t o beone, which misrepresent s it s origin. It show s it s origin t obe dif f erent f rom w hich act ually it originat es.(ix) SM S Spoofing : Spoof ing is a blocking t hrough spamw hich means t he unw ant ed uninvit ed messages. Here aoff ender steals ident ity of anot her in the f orm of mobilep ho n e n umb er and sen din g SM S via in t ern et an dreceiver get s t he SM Sf rom the mobile phone number oft he vict im. It is very serious cyber crime against anyindividual.(x) Carding : It means f alse ATM cards, i.e., Debit and Creditcards used by criminals f or t heir monet ary benef it st hrough w it hdraw ing money f rom t he vict im’s bankaccount mala-f idely. There is alw ays unaut horized useof ATM cards in t his t ype of cyber crimes.(xi) Cheating & Fraud : It means the person w ho is doing t heact of cyber crime i.e. st ealing password and data st oragehas done it with w rongf ul intention which leads to f raudand cheat ing.(xii) Child Pornography : It involves t he use of comput ernet w orks t o creat e, dist ribut e, or access mat erials t hatsexually exploit underage children.(xiii) Phishing : Phishing is just one of t he many f rauds ont he Internet , Phishing t rying t o f ool people int o part ingw it h t heir money. Phishing ref ers t o t he receipt ofunsolicit ed emails by cust omers of f inancial inst it ut ions,request ing t hem t o ent er t heir username, passw ord orot her personal inf ormat ion t o access t heir account f orsome reason. Cust omers are direct ed t o a f raudulentreplica of t he original inst it ut ion' s w ebsit e w hen t heyclick on t he links on the email t o ent er t heir information,an d so t h ey remain u n aw ar e t h at t h e f r au d h aso ccu r r ed . Th e f r au d st er t h en h as access t o t h ecu st o mer' s on lin e b ank acco u n t an d t o t he f un d scont ained in t hat account .

Cy b er Cr i m e - Law an d Pr act i ce13The above fraud message is a classic example of a phishingscam. This is how fraudst ers operate. The f ull sit e addressis same except “s” missing in “ht t ps” and small let t er “L”used instead of " i" as in ICICI. It looks similar to ICICI banksWeb address. You may receive similar messages f romf raudst ers. Please DO NOT click on such links.(xiv) Vishing : Vishing is t he criminal pract ice of using socialengineering and Voice over IP (VoIP) t o gain access t oprivat e personal and f inancial Inf ormat ion f rom t hepublic f or t he purpose of f inancial rew ard. The t erm is acombinat ion of " voice" and phishing.(xv) Bot netw orks : A cyber crime called 'Bot Net

Date : November 04, 2016 President The Institute of Company Secretaries of India (v) CONTENTS Chapter – 1 Introduction 1 1.1 Introduction 1 1.2 Cyber Crime: Meaning and Definition 4 1.2.1 Meaning of Crime 5 1.2.2 Meaning of Cyber Crim