Neeraj aarora cyber_lawyer_current trends in cyber crime scenario

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)