Cyber law is the part of the overall legal system that deals with the internet, Cyberspace, and their respective legal issues. Cyber law covers a fairy broad area, encompassing several subtopics including freedom of expression, access to and usage of the internet and online privacy.
SPOOFING AND ITS VARIOUS KINDS :-
SPOOFING;- [1]Spoofing is the act of disguising a communication from an unknown source as being from a known, trusted source. … In addition, spoofing that leads to the rerouting of internet traffic can overwhelm networks or lead customers/clients to malicious sites aimed at stealing information or distributing malware.
There are seven kinds of spoofing.
They are;-
1. Cyber stalking
2. Cyber pornography
3. Forgery and its frauds
4. Crime related to IPRs
5. Cyber terrorism
6. Computer vandalism
7. Cyber crimes against individuals.
1. CYBER STALKING:-
1. The repeated use of electronic communications to harass or frighten someone.
For example;-By sending threatening mails.
2.Now a days internet is used for as much pleasure as it is used for professional or business purposes.
3.Social networking is one of the largest uses for the web today. People can interact with each other with the comfort of being behind a computer screen miles apart.
[2]CYBER STALKING BECOMING A POSSIBLE THREAT IN TODAYS WORLD:-
1.While the internet was first brought to public, the big thing back then was email, which required a login and password to enter, so an individual could manage who they shared their emails with.
2.Even through emails are still guarded under a login and password, the internet has evolved in such a way that a predator does not need to access email to get information on an individual.
STAYING SAFE AND SOUND
There are so many loose ends when it comes to staying safe ends while using internet ;some threat cant able to controlled by a single person alone. One must trust that none of their friends or family will share the information about them.
.Home address should never be revealed;
.Any kind of online accounts should be protected with a password;
.One should never give out your personal number
.One should check your credit report regularly;
.If one thinks he or she is a target then one should have their PC checked by a professional;
TYPES OF CYBER STALKING :-
There are three types of cyber stalking
1.Email stalking;-Sending hate and obscene or threatening emails, or sending viruses and spam is considered to be email stalking when the following conditions are fulfilled
A.ONLY IT IS CONSIDERED THROUGH RELATION MANNER
B .Internet stalking ; spreading rumours or tracking victims on the web
C. Computer stalking;-hacking into a victim’s computer and taking control of it.
CYBER STALKING UNDER INDIAN LAWS :-
Cyber stalking is a serious crime , a type of offence committed by the persons known as the stalkers .In India the cases where filed against those stalkers are majority reported by the females, nearly about 60 percent females get victimization.
The stalking is majorly spotted in two states of India ;
Maharashtra with 1340 which is highest stalking cases recorded
Delhi is around 1200
The cyber stalking cases are dealt in India by the;-
[3]Information Technology Act 2000
THE CRIMINAL LAW (AMENDMENT) ACT 2000
1. INFORMATION TECHNOLOGY ACT 2000 :-
If any person is publishing or sending any salacious material in the form of electronic media is to be charged under the SEC 67 OF THE Act.
For allowing the compensation in the case of a firm or a company which causes any wrongfully loss or gain to any person by the way of transmitting any sensitive information and the maintenance of such type of security, then such body corporate shall be liable to pay damage by the way of compensation.
2. THE CRIMINAL LAW (AMENDMENT) ACT, 2013
The act include stalking as an offence under sec 35d of the IPC
This act states that any man, Who-
1.Contracts and follows a woman over the internet, instant messages, or attempts to contract such woman to proselytize personal communication repeatedly despite of being clear indication of disinterest by such woman or;
2.Observe the use of women over internet, instant messages, Emails or any other form of electronic communications the offensive stalking.
3.Racism is also a factor of stalking.
2. CYBER PORNOGRAPHY :-
1. Cyber pornography is in simple words is defined in as a act of using cyberspace to create ,Display, distribute, import, or to publish pornography or obscene materials.
2. Cyber pornography is banned in many countries and legalised in some .In India under the legal information act 2000, this is the gray area of the law, where it is not prohibited or legalised either
3. Under section 67 of the information act 2000 makes the following acts punishable imprisonment up to 3 years and fine up to 10 lacks.
- Publication;-which would include uploading on a website, Whatsapp group or any other group portal and where the third party can access such content.
- Transmission;- this includes obscene photos or images to any persons via emails messages, whatsapp or digital portal.
- Causing to publish or transmitted;- This is a very wide terminology which would end up making the intermediary portal liable ,using which the offender has published or transmitted
[4]SEC 67A of the information act makes publications, transmission and causing to be transmitted and published in electronic form any material containing sexually explicit act or conduct punishable imprisonment with 5years and fine up to 10 lacks
An understanding of these provisions makes the following conclusions;-
-
- Viewing cyber pornography is legal in India. Merely downloading and viewing such content does not lead to an offence.
- Publications of pornographic content online is illegal
- Storing cyber pornography content online is legal
- Transmission cyber pornography via instant Messaging, Emails or any other mode of digital transmission is an offence.
Some of the practical instances in recent years;-
In a very recent case, A 21 Years old engineering student was arrested for sending obscene pictures by whatsapp to a woman.
- Browsing or downloading child pornography online is also a punishable offence under the information act 2000.The creation of child pornography is also punishable under the information act. The act of collecting and storing cyber pornography is not a offence, But if the content involves the minors, then it is punishable with imprisonment to 5 years and fine up to 10 lacks.
To Conclude Cyber pornography has not been legalized in India, However, its browsing has not been prohibited either except in the case of child pornography.
3. FORGERY AND FRAUD:-[5]Counterfeit currency notes, postage and revenue stamps, Marksheets etc can be forged using sophisticated computers, printers and scanner. Even bank frauds is a part of it.Outside many colleges across India, one finds touts soliciting the sale of fake marksheets or even certificates. These are made by using computers, and high quality scanners and printers .In fact this has becoming a booming business involving thousands of rupees given to the students gangs in exchange for these bogus but authentic looking certificates. Some of the students are caught but this is very rare phenomenon.
4.Intellectual property rights and cyber crimes:-
INTELLECTUAL PROPERTY;-
Intellectual property (IP) refers to the protection of creation of the mind, which have both a moral and commercial value.
These rights are outlined in Article27 of the universal declaration of human rights. It was first recognised in Paris 1883.
There are different types of intellectual property are;-
Patents:-
It is an exclusive right granted for an invention. Generally, speaking a patent provides the patent owner with the right to decide how-or whether-the invention can be used by others. In exchange for his right, The patent owner makes technological information about the invention of publicly available in the public patent document.
Copyrights;-
[6]Copy right is a legal term used to describe the rights that creators have over their literacy and artistic works. Works covered by copy right range from books ,music, paintings, sculpture ,and films, to computer programs ,databases, advertisements, map sand technical drawings.
Trademark;-
A Trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises .Trademarks date back to ancient when artisans used to put their signatures on their products.
Industrial design;-
An industrial design constitutes the ornamental type of article. A design may consist of three dimensional features, such as shape, surface of an article, two dimensional figures are ,such as pattern or line of colours.
GEOGRAPHICAL INDICATORS;-The Appellants of origin are signs used on goods that have a specific geographical origin and possess the qualities, a reputation and charge that are essentially attributed to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of goods.
DOMAIN NAME;-
It is used for the informational address on the internet and is used to locate information on the internet. This has been possible due to domain name system, which translates these domain names to the IP address of the computers.
CYBER CRIMES AND INTELLECTUAL PROPERTY RIGHTS;-
The object of the copyright is to encourage authors, composers, directors ,to create original works by providing them the exclusive rights to reproduce, publish the works for the benefit of the people.
Industries includes production and distribution of books, magazines, newspaper, media of entertainment that is dramatic and musical works and cinema, boardcasting etc., copyrights have been intellectual property travel from country to country more easily and quickly than other kinds of property.
INFRAGMENT OF COPYRIGHT IN CYBERSPACE;-The action of breaking the terms of law,or the breaking the terms of a agreement, etc
Infringement of rights produced;- reproduce ,distribute, display.
A web page is not much different than a book or a magazine multimedia CD-ROM and will be eligible for copyright protection, as it contains text graphics and audio and videos
Copyright law grants the owner exclusive right to authorise reproduction of the copyright works preparation and derivative works, distribution etc.
TRADEMARK LAW AND DOMAIN NAMES ISSUES IN CYBERLAW;-
A mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person of others and may include shape of goods, their packing and combination of colours. Trademarks serve the purpose of identifying the source of origin of goods.
They prefers four functions;-
1. It identifies the product and its origin.
2. It guarantees its quality
3. It advertises the product
4. It creates an image of the product in the minds of the public, particularly consumers or the prospective consumers of such goods.
EXAMPLE;-Skoda, Tata, Toyota, Pepsi, Brooke, Sony etc
REVERSE DOMAIN IT HIJACKING;-
[7]It is also known as cyber squatting .It happens when trademark owner tries to secure a domain name by making false cyber squatting claims against a domain name’s right full owner through legal actions.
Sometimes the domain has to transfer owner ship of the domain name to the trademark owners to avoid legal actions and costly expanses, particularly when the domain names belongs to the smaller organization or individual who is not economically sound to fight the case. Reverse domain name hijacking is the most commonly done by larger co-operations and famous individuals.
CASE LAWS;-TRADEMARK PROTECTION TO DOMAIN NAME
TATA SONS Ltd and Anr.v.arno palem and Anr 563\2005
5.CYBER TERRORISM:-
It becomes a technical difficulty for the common man to understand the use or misuse of cyberspace, which can lead to cyber threats. Besides, insecure internet connections can also divulge your personal information to outside servers.
An, email bomb may be considered hack victim by some unauthorised internet activity or attack on computer networks that may be threaten the private internet space of an individual, organisation, entity or a nation.
CYBER TERRORISTS
The term cannot be related to the term terrorists per se, however, cyber terrorists can be individual or people who aim to damage their targets reputation, and put them under mental trauma.
CYBER TERRORISM AND INDIAN NATIONAL SECURITY:-
[8]Mumbai terrorist attack on Nov 2008 forced India to take military actions against Pakistan in response, Pakistan govt also developing tactical nuclear weapon at a rapid pace.
In March 2013, Defence research and development organisation suspected from Chinese hackers breached the computers of India s top military organisation.
He also told that the warfare of a phenomenon is not covered under the Indian cyber law as a phenomenon is not covered under the Indian cyber laws. Over the past few years, India had witnessed a growing numbers of cyber Assault with govt departments.
DRDO also confirmed that some hackers from Algeria also carried out an attack on websites run by DRDO, PMO and other various governmental offices.
6. CYBER VANDALISM;
To the act of damaging someone’s data from the computer that in a way disrupts the victims business or de-message due to editing in to something invasive, embarrassing or abused.
The thieves can create malevolent programs that provide injurious to the hard disk data or login the victim Cyber vandalism is different from the computer virus that attach in to the program and Wikipedia being one of the famous sites, is porn to potential damage of content because any one can edit the site .However, Wikipedia has presently sustained equilibrium between the types of users that they are articles that can’t be edited by unregistered new users.
WHO ARE THE CYBER VANDALS;-
A person who dependence destroys\damages the property belongs to others. Professional developers, Researchers, Skilled and inexperienced youth.
COMPUTER VANDALISM; A SERIOUS THREAT;
It affects your digital identity and image.
If you have business, It looses your costumes
IT Ruins your overall reputation.
Extra expenses, time and labour are involved
Reduce your profits.
6. CYBER CRIMES AGANIST INDIVIDUALS:-
The rapid development of computer technology and the integration of computer and communication technology have made significant changes to human information activities. Firstly, the efficient and effective power of information processing has made computer the most important tool for data processing. As a result, more data are proceed and stored in computer systems. The transcend mature of the major channels for human communication, consequently our society is in a state of transformation towards a virtual society. Where peoples daily activities such as shopping getting services, And especially sharing information, can be accomplished without face to face contact with others. Nowadays computers and computer networks are ubiquitous and used in every facet of modern society. Although information technology has enabled global business to flourish, it also becomes one of the major enablers for unscrupulous individuals to commit crime and escape Apprehension law enforcement agencies.
Cyber crimes carried out individuals such sorts of violation like transmission, of child explicit entertainment, harassment of any one with the utilization of a crime, net extortion, hacking, revolting, presentation, email, credit caed fraud and scattering of revolt including software theft. The potential mischief of such a crime to person individual can scarcely be greater.
INFORMATION ACT 2000
IT was passed to provide legal recognition for transactions carried out by means of electronic communication. The act deals with Digital contracts, digital property, digital rights. Any violation of these law constitutes crime.
SOME KEY POINTS OF IT ACT 2000 ARE AS FOLLOWS
1. E-MAILS IS NOW CONSIDEERED ASA VALID AND LEGAL FORM OF COMMUNICATION.
2. DIGITAL SIGNATURES ARE GIVEN LKEGAL Validity within the ACT.
3. THE ACT HAS GIVEN BIRTH TO NEW BUSINESS TO COMPANIES TO ISSUE DIGITAL CERTIFICATE BY BECOMING THE CERTIFICATING AUTHORITIES.
4. THIS ACT ALLOWS THE GOVERNMENT TO ISSUE NOTICES ON THE INTERNET THROUGH E-GOVERNANCE.
5. THE COMMUNICATION BETWEEN THECOMPANIES AND THE GOVERMENT CAN BE DONE THROUGH INTERNET.
6. ADDRESSING THE ISSUE OF THE SECURITY IS THE MOST IMPORTANT FEATURE OF THIS ACT, IT INTRODUCED THE CONSTRUCTION OF DIGITAL SIGNATURES.
THAT VERIFIES THE IDENTITY OF AN IDIVIDUAL ON THE INTERNET.
7. IN CASE OF ANY HARM OR LOSS HAS DONE TO THE COMPANY BY CRIMINALS,THE ACT PROVIDES A REMEDY IN THE FORM OF MONEY TO THE COMPANY.
Tampering with computer source document sec65
Hacking the computer system sec66
Publishing false digital signaturesec73
UNDER THE INDIAN PENAL CODE;-
FORGERY OF ELECTRONIC RECORDS (SEC 463)
E-MAIL SPOOFING SEC (463)
SENDING THREAT MESSAGES THROUGH E-MAILS SEC (503)
PUNISHABLE KEEPING IN MIND THE CYBER CRIMES.
CONCLUSION;-
The need for a law on data protection is paramount if India is to sustain investors confidence, especially among foreign entities that send large amounts of data to India for back-office operation.
Reference:
1. https://www.forcepoint.com/cyber-edu/spoofing
2. www.izito.ws/Cyberstalking Laws
3. www.meity.gov.in/…/information-technology-act-2000
4. indiankanoon.org/doc/15057582
5. indiankanoon.org/doc/1745798
6. www.izito.ws/Trademark Copyright Law
7. en.wikipedia.org/wiki/Domain_hijacking
8. www.legalservicesindia.com/article/1263/Cyber-Terrorism.
About the author –
This article is authored by Achaladi.Gururaj Bhat, Third year student of B.A, LL.B at Sri Prasunna College of Law, Kurnool
