neeraj aarora cyber_lawyer_current trends in cyber crime scenario
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3/12/2015 n e e r a j a a r o r a 1
Jennifer
Lawrence
Phishing mails on behalf of Income Tax, RBI, Banks.
Phishing mails on behalf of Social Networking sites.
Theft of Data, Personal Sensitive Information
Misappropriation of funds from bank account.
Cyber criminals imitate FIFA website for phishing
Creating fake account for defamation
Morphing/Nude Profiling
Sharing, Stolen personal sensitive information
Cyber stalking
9,174 Indian websites hacked till May
Online job rackets
Online credit card fraud
Nigerian Scam
Obscenity/Child Pornography
Controller of Certifying Authorities
Adjudicating Officer
Cyber Appellate Tribunal
Criminal Court
High Court & Supreme Court
Cyber Contravention – Sec. 43
Unauthorized access –
o If any person without permission of the owner or anyother person who is the in charge of a computer, computersystems or computer network.
Penalty and compensation –
o Liable to pay damages by way of compensation to the tuneof Rs. 5 Crores.
a. Unauthorized Access
b. Copying information
c. Computer viruses
d. Damaging Computer
e. Disrupting Computer Network
f. Denial of Access
g. Facilitating Access
h. Computer Fraud
i. Hacking
j. Computer Source code Theft
Section66- Contravention in Section43 with dishonest /fraudulent intention
Section65- Tampering with Source Code
Section66A– Offensive Messages
Section66B– Punishment for Dishonestly Receiving StolenComputer Resource or Communication Device
Section66C– Punishment for Identity Theft
Section66D– Punishment for Cheating by Personation byUsing Computer Resource
Section66E– Punishment for “Video Voyeurism”
Section66F– Cyber Terrorism
Section67 – Transmission of Obscenity in Electronic Form
Section67A–Transmission of Material Containing SexuallyExplicit Act in Electronic Form
Section67B–Child Pornography
Section72 - Penalty for Breach of Confidentiality & Privacy
Section 72A
This Section deals with Data base security & privacy.
Cyber Squatting
Digital Copyright Issues
Encryption
Spamming
Transnational Nature of Cyber Crime
Lack of Deterrent Punishment
Cloud Computing
The explanation to Section 79 provides
that, "Electronic Form Evidence"
means any information of probative
value that is either stored or transmitted in Electronic Form
and includes Computer Evidence, Digital Audio, Digital
Video, Cell Phones, Digital Fax Machines".
Dharambir Vs. CBI [148(2008)DLT289]
8.11 (e) Given the wide definition of the words 'document' and
'evidence' in the amended Section 3 the EA, read with Sections
2(o) and (t) IT Act, there can be no doubt that an electronic
record is a document.
Hard Disk, Computer Printouts, Data in the CD, Optical and
Magnetic Media are thus documents.
Anvar P.V. Vs. P.K. Basheer and Others
The Supreme Court held:-
Electronic Record can be produced in terms of Section 65BEvidence Act which has overriding effect.
If no certificate under Section 65B, no oral evidence or expertopinion to prove the electronic record.
Section 65B would prevail over Section 63/Section 65 ofEvidence Act.
Overrule Navjot Sandhu Case to the extent of admissibility of
electronic records.
Admissible as per Sec 65B EA
Banker Books :- Require three certificate as per Sec 2A ofBanker Books Of Evidence Act (BBEA)
A certificate to the effect that it is a printout of such entry or
Authenticity certificate regarding:
o Details of Computer System
o Process of Data Storage
o Safeguard to protect Computer System and Data
such computer system operated properly at the material time.
The BBE Act prevails over Evidence Act.
The Hon’ble Judge of Delhi High Court in the matterof Dharmabir Khattar Vs. CBI has held that :-
A new Hard Disk is a storage device.
Once a blank hard disk is written it becomes a electronicrecord.
Even if the Hard Disk is formatted or wiped, it would containMeta Data and as such it is a electronic record.
Through Forensic Software, it is possible to extract Meta Dataand deleted data.
Section 65B Evidence Act would include:-o Active accessible information – allocated data;
o Data in subcutaneous memory – unallocated and unpartionedspace.
Require a Certificate U/s 65B of EA
Server owned by the company
Data in e-mail clients
E-mail on Intermediary Server
Section 88A-Presumption as to Electronic Messages
An electronic messages sent by the email
Message sent by the originator through email server is thesame as received by the addressee.
ARK Shipping Co. Ltd. Vs. GRT Ship ManagementPvt. Ltd. 2008(1)ARBLR317 (Bom)