Abstract: and where either the computer is an

Abstract:

                    
The world of internet today has
become a parallel form of life and living. Public are now capable of doing
things which were not imaginable few years ago. The Internet is fast becoming a
way of life for millions of people and also a way of living because of growing

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dependence and reliance of the mankind on these
machines. Internet has enabled the use of website communication, email and a lot
of anytime anywhere IT solutions for the betterment of human kind.  Cyber crime is emerging as a serious threat.
Worldwide

governments, police departments and intelligence
units have started to react. Initiatives to curb cross border cyber threats are
taking shape.

 

 

 Introduction:

                          The term ‘cyber
crime’ is a misnomer. The concept of cyber crime is not radically different
from the concept of conventional crime.Crime and criminality have been associated
with man since
his fall. Crime remains elusive and ever strives to hide
itself
in the face of development. Different nations have
adopted
different strategies to contend with crime depending
on
their nature and extent. One thing is certain, it is that a
nation
with high incidence of crime cannot grow or develop.That is so because crime is
the direct opposite of development.
It leaves a negative social and economic consequence. Cybercrime is defined
as crimes committed on the
internet using the computer as either a tool or a targeted
victim.
It is very difficult to classify crimes in general into
distinct
groups as many crimes evolve on a daily basis. Even
in the
real world, crimes like rape, murder or theft need not necessarily be separate.
However, all cybercrimes involve

both the computer and the person
behind it as victims.

 

 

 

 

 

The term
‘cyber crime’ is a misnomer. The concept of cyber crime is not radically
different from the concept of conventional crime.

 

 

Crime:

                Crime
is a social and economic phenomenon and is as

old as the
human society. Crime is a legal concept and has the sanction of the law. Crime
or an offence is “a legal wrong that can be followed by criminal proceedings
which may result into punishment.”The hallmark of criminality is that, it is
breach of the criminal law. Per Lord Atkin “the criminal quality of an act
cannot be discovered by reference to any standard but one: is the act
prohibited with penal consequences”. A crime may be said to be any conduct accompanied
by act or omission prohibited by law and

consequential
breach of which is visited by penal consequences.

 

 

Cyber
crime:

                               Cyber
crime is the latest and perhaps the most complicated problem in the cyber
world. “Cyber crime may be said to be those species, of which, genus is the conventional
crime, and where either the computer is an object or subject of the conduct
constituting crime” “Any criminal activity that uses a computer either as an instrumentality,
target or a means for perpetuating further crimes comes within the ambit of
cyber crime”

 

A
generalized definition of cyber crime may be “unlawful acts wherein the
computer is either a tool or target or both” The computer may be used as a tool
in the following kinds of activity- financial crimes, sale of illegal articles,
pornography, online

 

 

 

 

gambling,
intellectual property crime, email spoofing, forgery, cyber defamation, cyber
stalking. The computer may however be target for unlawful acts in the following
cases- unauthorized access to computer/ computer system/ computer networks,
theft of information contained in the electronic form, e-mail bombing, data
didling, salami attacks, logic bombs, Trojan attacks, internet time thefts, web
jacking, theft of computer system, physically damaging

the
computer system.

 

 

Reasons
for Cyber Crime:

“The
Concept of Law” has said ‘human beings are vulnerable so rule of law is
required to protect them’. Applying this to the cyberspace we may say that
computers are vulnerable so rule of law is required to protect and safeguard
them against cyber crime. The reasons for the vulnerability of computers may be
said to be:

 

1.Capacity
to store data in comparatively small space:
The computer has a unique feature to store
data in a very small space. It makes it very easy for information or to collect
information through physical or virtual media.

 

2. Easy
to access: There
is a problem with the protection of a computer system from unauthorized access,
that is, not all due to human error, but there are all possibilities of
infringement due to complex technologies. By secretly proven logic bomb, access
code, key logger that can steal advanced voice recorder; Retina campers etc.
can make fools. Biometric systems and bypass firewalls can be used to get past
many security systems.

 

 

 

 

 

3.
Complex: Computer operating systems work and in turn, this operating
system is composed of millions of codes, distorted the mind of humans and it
can’t be any separation at any stage that is not possible. Cyber criminals take
advantage of this  lacunas and penetrate
into the computer system.

 

4.
Negligence: Neglect of people’s behavior is very closely
related. So there may be any irrationality while protecting the computer
system, which is provided for access and control over a cyber criminal computer
system.

5.
Loss of evidence: Reducing evidence is a very common and
obvious problem because all information is routinely destroyed. This system of
collecting information outside the regional expanse also paralyzed this system
of crime investigation.

 

 

 

 

Cyber
Criminals:

 

The cyber
criminals constitute of various groups/ category. This division may be
justified on the basis of the object that they have in their mind. The
following are the category of cyber criminals

1.
Children and adolescents between the age group of 6 – 18 years:

The simple
reason for this type of delinquent behavior pattern in children is seen mostly
due to the inquisitiveness to know and explore the things.

 

 

 

 

 Other cognate reason may be to prove
themselves to be outstanding amongst other children in their group. Further the
reasons may be psychological even.

2. Organised  hackers:

These
kinds of hackers are mostly organised together to fulfil certain objective. The
reason may be to fulfil their political bias, fundamentalism, etc. The
Pakistanis are said to be one of the best quality hackers in the world. They
mainly target the Indian government sites with the purpose to fulfil their
political objectives. Further the NASA as well as the microsoft sites is always
under attack by the hackers.

 

3.
Professional hackers / crackers:

Their work
is motivated by the colour of money. These kinds

of hackers
are mostly employed to hack the site of the rivals

and get
credible, reliable and valuable information. Further

they are
ven employed to crack the system of the employer

basically
as a measure to make it safer by detecting the

loopholes.

 

4.
Discontented employees:

This group
include those people who have been either

sacked by
their employer or are dissatisfied with their

employer.
To avenge they normally hack the system of their

employee.

 

 

 

 

 

Mode
and Manner of Commiting Cyber Crime

 

Unauthorized
access to computer systems or networks /

Hacking:

                       This kind of offence is normally referred as hacking

in
the generic sense. However the framers of the information

technology
act 2000 have no where used this term so to avoid any confusion we would not
interchangeably use the word hacking for ‘unauthorized access’ as the latter
has wide connotation.

 

Email
bombing: This kind of activity refers to sending large numbers of mail to
the victim, which may be an individual or a company or even mail servers there
by ultimately resulting into crashing.

 

Data
diddling: This kind of an attack involves altering raw data just before a
computer processes it and then changing it back after the processing is
completed. The electricity board faced similar problem of data diddling while
the department was being computerised.

 

Salami
attacks: This kind of crime is normally prevalent in the financial
institutions or for the purpose of committing financial crimes. An important
feature of this type of offence is that the alteration is so small that it
would normally go unnoticed. E.g. the Ziegler case wherein a logic bomb was introduced
in the bank’s system, which deducted 10 cents from every account and deposited
it in a particular account.

 

 

 

 

 

 

Denial
of Service attack: The computer of the victim is flooded with more requests than it
can handle which cause it to crash. Distributed Denial of Service attack is
also a type of denial of service attack, in which the offenders are wide in
number and widespread. E.g. Amazon, Yahoo.

 

Virus
/ worm attacks: Viruses are programs that attach themselves to a computer or a
file and then circulate themselves 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.

 

Internet
time thefts: Normally in these kinds of thefts the Internet surfing hours of
the victim are used up by another person. This is done by gaining access to the
login ID and the password. E.g. Colonel Bajwa’s case- the Internet hours were
used up by any other person. This was perhaps one of the first reported cases
related to cyber crime in India. However this case made the police infamous as
to their lack of understanding of the nature of cyber crime.

 

Web
jacking: This term is derived from the term hi jacking. In

these
kinds of offences the hacker gains access and control over the web site of
another. He may even mutilate or change the information on the site. This may
be done for fulfilling political objectives or for money Web jacking is a
process whereby control over the site of

another is
made backed by some consideration for it.

 

 

 

The offences
may discuss in brief as follows:

 

    Harassment via e-mails: Harassment by e-mails is not a new                  concept. It is similar to grinding through
the contents

 

Defamation: It is a law that imputts a person to a
person with a desire to take the person downstairs, usually or because of him, because
he is a victim of hatred, or expression. The cyber defamation is not different
from the conventional one without virtual middle-income defamation email
account has been hacked and some mail hacked accounts of its batch of
volunteers sent to some of his affair with a girl with the intention of
insulting.

 

E-mail spoofing: A spoofed e-mail can be
one, which is false in its origin. It shows that its origin can be different
from which it is produced. Recently, Spoofed mails were sent to Mr.
Viageshankar which includes viruses. Rajesh Hanore, graduate student of Purdue
University in Andaman, arrested for the threat of a nuclear explosion on the
campus. The complaint was sent from e-mail to the vice president and other
student account service. However, the story of Trace Acharajesh Manor was sent
from Mail.

Computer vandalism: The meaning of vandalism
can be included in any way based on deliberately created computer bodily harm.
These aggregates can take the form of theft of a computer, some components or
computer connected to a peripheral computer or physically damaged a computer or
its peripherals.

 

 

 

 

 

 

 

The
cyber terrorism against the government organization:
At this time it may be necessary to realize what a necessity is. The difference
between terrorism and cyber criminals is both an act of injurious work but
there is a compulsory requirement. The difference between these crimes is a
cyber crime usually a domestic issue which can be international; although
cyber-terrorism is a global concern, which is domestic as well as
internationalization. This general form of terrorist attacks denies the
distribution of service attacks on Internet, hate websites and hate emails,
attack on sensitive computer networks, etc. Technology is a brave terrorist that
uses 512-bit encryption, which is impossible to follow later. Recent examples
may be mentioned – Osama Bin Laden, LTTE, US attack on army deployment during
Iraq war.

 

Traffic:
Traffic can accept different forms. It’s drugs, humans, weapons can be
trafficked in arms etc. This kind of trafficking is being unselected. They are
carried under the camouflage.

 

Fraud
and Fraud: One of the online frauds and fraud

the most
profitable business that is growing today

Cyber
Space. It may be guessed different forms. Something

Online
fraud and cheating cases that came in light

Credit
card related to crime,  contractualized

crime ,
job giving etc.

 

Statutory Provisions

It is
necessary for the implementation of the resolution proposed by the General
Assembly passed on the electronic computer adopted by the parliamentary law by
the Parliament. As a result, due to the fact that this provision of Information
Technology Act is made, its

 

 

 

purpose is
to explain its purpose to legalization of e-commerce. The main purpose of the
changes to include these laws is to be consistent with the law. So that they
can control and control the contents of the cyber world in an effective manner.
Information Technology Law section relates to the various cyber crimes of IX
and Ekushey. Important sections are Ss. 43,65,66,67 Section 43 interference in
service received by a person, especially unpredictable access, unauthorized
downloads, virus attacks or related to any pollutant, damages, disruption,
denial of access. Computer Source Documents’ and up to 3 years or fine, which
can extend upto 2 years or more. Section 66 ‘hacks with computer system’ and
imprisonment up to 3 years or fine, which can extend up to 2 years or both.
Further Article 67 expresses illicit content and gives a fine of 10 years in
prison and fined. 2 million taka.

 

 

Analysis
of the Statutory Provisions

 

1.Take the
law that has been adopted quickly made enough public debate, really desired Purpose
Experts feel that one of the reasons Because the inefficiency of the law has
been fast Which is accepted by the Parliament and it is a fact There was not
enough time for public debate.

 

2. Cyber
??Law, in their very context and purpose, the state is this that They are
targeted to e-commerce collaboration, and are not meant to be Controlling cyber
chrome. “Mr. Duval gave the opinion the main purpose of the legislation is
to provide a law e-commerce controls and with that goal it’s one of the reasons
for which I.T .Act is also passed his incompetence to deal with cybercrime
lawsuit.

 

 

 

 

3. Recent
events with cyber torrent cyber mask cyber ??harassment, cyber crime and cyber
malfunction show that I.T.Act did not deal with them crime. Further, it is also
advisable that the future is new

the forms
of cybercrime will emerge which even need it care will be taken .Therefore  government should sign cyber. The
Convention  anyway read with I.T.Act be
able to deal with these criminals of the penal code.

4.
Reduction consciousness: The lack of awareness
about their right to an important reason that the law is not achieved in full
success. In most cases the report is not available. If people are aware  of their rights then the law protect their
rights.

 

Cyber
??graduate bench: Cyber-skill judge’s day is needed. The judicial system plays an
important role in implementing the legislation as per the order of the day. The
role of the judges of today’s statement can be combined, the judges of the
statement must be the ‘law’ to be law ‘. In his article published in Hindu, he
said, “If there is a territory of governance where IT can make a wider
difference between the public in the judicial system”.

 

Dynamic
forms of cybercrime: Cybercrime is talking
about dynamic nature. “In addition, we have achieved significant
improvements in our efficiency in tackling cyber attacks, but the problem is
growing rapidly and we are far behind.” (D) Creativity of human mind can’t
be examined by any law. So the only way to apply liberal laws for cybercrime
lawsuits is to liberalize.

 

 

 

 

 

 

 

 

 

The
prevention is always better than the treatment of the disease. Keeping some
precautions while operating the net is always best. One should be part of their
cyber-life.Precaution, prevention, protection, conservation and stability. A
netizen must certainly remember the following things:

 

1. Avoid
publishing any information related to a voice to prevent cyber hijacking. It’s
as good to express your identity to strangers in public places.

2. Always
avoid unwanted and online photos to avoid chatting with friends, such as photograph
abuse abuse.

3. Always
use the latest and updated antivirus software to protect against virus attacks.

4. Always
keep a volume backup so that no one is harmed by virus pollution

5. Never
send your credit card number to safeguard against fraud, send protection
against fraud.

6. Always
keep an eye on your children’s access to prevent harassment or abuse of
children.

7. It is
good to use a security program that gives control over the cookie and send
information to sites such as dog abandon such unguarded can prove fatal .

8. Web
site owners should traffic and irregular checks on the site. Host-based
infiltration detection devices may be placed on the server.

 9. Firewall can be useful.

 10. The public server must be secured
physically separate from the internal corporate network of the server.

 

 

 

 

 

 

 

Conclusion

The capacities of
human mind are infinite. It is not possible to remove cyber crime from
cybercrime. It is possible to check them. History has been successful in
eradicating any crime from the whole world on any law of witness. The only
possible step is to make people aware about their rights and responsibilities,
and to enforce crime by making more law enforcement, strict. Undoubtedly this
law is a historic step in the cyber world. Moreover, I do not deny that the
information technology law must be changed to make it more effective in
tackling cybercrime. I will conclude with a word of caution for pro-law school
that it is not so strict in the law of cyber laws that it can prevent industry
growth an